Breath & Blood Tests
Breath or Blood: Which One Should You Choose?
Hopefully you are never faced with the accusation of being accused of driving while impaired, but if you do, having an experienced DUI to attorney to analyze the lawfulness of such test is essential to any defense. There are a number of factors that you should consider when choosing breath or blood.
One such fact is the reliability of these tests. Generally speaking, it is much more difficult to attack a blood test than a breath test. Of course there are exceptions to this rule. A breath test for example can be attacked from a number of different angles. First, the officer must be qualified to use the breath machine, and must use it correctly. Second, the breath machines must be tested for its accuracy and be properly calibrated. Moreover, there are a number of factors that can give a falsely high reading on a breath test such as a person’s partition ratio that simply does not effect blood test. In essence, a breath test is a guess as to what your alcohol content is in your blood system whereas a blood test is not an estimate, but an accurate reading. Therefore, given the choice, first don’t drink and drive, but if you do, and you decide not to refuse the test, my advice would be to take the breath test.
For more information contact our DUI attorney in Ohio!