| If you are accused of driving under the influence of | | | | The officer handling booking normally schedules or |
| alcohol or drugs (DUI), your blood alcohol content can | | | | approves the second method, the urine test. Although |
| be one of the most damaging pieces of evidence | | | | less conclusive than a breathalyzer, this method works |
| against you. Although commonly called BAC, most law | | | | well when used in conjunction with blood testing for |
| enforcement officers determine blood alcohol content | | | | determining BAC. A urine test is not commonly used |
| in one or more of the following ways, before, during, or | | | | for determining BAC, and is normally the best option |
| after the arrest. These methods are blood, breath, and | | | | when law enforcement believes that drugs |
| urine. Each can be successfully used in court, along | | | | (prescription or recreational) will be present. |
| with the other symptoms of intoxication that witnesses | | | | Retaining the services of an attorney who is |
| or officers observe. | | | | experienced with handling DUI cases is very important |
| One of the most common forms of determining BAC | | | | when evidence such as this is present. They will |
| is the standard breathalyzer test. Law enforcement | | | | understand how to handle these test results, and build |
| officers carry a machine that allows a defendant to | | | | a defense that is most effective. They will also be |
| blow forcefully into it, and it gauges the level of alcohol | | | | familiar with ways to suppress the evidence, get it |
| in the air. Although it is commonly seen on popular | | | | thrown out of court, or even use it as a more helpful |
| movies and TV shows, it is not nearly as accurate as | | | | means of evidence in some situations. |
| the other forms of testing. As a matter of fact, almost | | | | Finally, blood tests are the most reliable and accurate |
| all movies and TV shows that feature BAC testing | | | | forms of determining BAC. There are very few ways |
| show an officer utilizing a breathalyzer technique for | | | | to counter a blood test, but experienced attorneys will |
| determining blood alcohol content. | | | | still be able to build an effective defense. Most use |
| Although the law enforcement offer will tell the | | | | perspectives such as medical evidence, equipment |
| accused that he/she must submit to this testing, you | | | | malfunction, and outdated equipment to have evidence |
| have the right to refuse. Doing so can look very bad | | | | suppressed or explain a high BAC. |
| for you at court and non-compliance often allows the | | | | In many cases, blood test results are viewed as |
| DMV to impose very strict penalties. Even if you know | | | | concrete evidence in court. This is why it is so |
| that you will fail, there are defenses that can be built | | | | important to retain an attorney who is familiar with DUI |
| around remorse, mitigating circumstances, faulty | | | | laws in your state, and protect your valuable rights. |
| equipment (which can help in having evidence | | | | They can present the evidence as best as is possible, |
| suppressed), and more. If you refuse to submit, you will | | | | in order to allow the court to see you and your |
| have much more difficulty explaining to the judge why | | | | individual circumstances in the best light possible. |
| you did not cooperate, and the result is often much | | | | This information is provided solely for informational |
| harsher penalties. This includes more jail time, longer | | | | purposes and does not constitute legal advice. |
| loss of driving privileges, and/or steeper monetary fine. | | | | |