San Diego DUI Law Center

San Diego DUI chemical tests are usually obtained at the county jail or at the police station.

What happens is that the San Diego drunk driving arrestee will be offered a chemical test of breath or blood, and/or sometimes urine.
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The San Diego DUI arrestee has the absolute choice to a blood or breath test. If for example the person says she or he wants a breath test, it is the obligation of the officer to allow that person to complete the breath test. Recently in San Diego, a San Diego Charger was denied this right.

San Diego DUI Breath test results are usually available immediately. San Diego DUI blood samples are sent to a lab for later analysis to determine the BAC or possible presence of drugs. Many delays can occur, to the person’s advantage at DMV.

If the San Diego DUI suspect refuses to submit to chemical testing, she or he will usually be booked for San Diego DUI – driving under the influence and for a refusal if she or he refuses to provide a breath or blood test.
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If the breath test machine indicates there was “mouth alcohol“, or if the subject is unable to complete the chosen test, the subject would have to complete a remaining test.

The San Diego drunk driving refusal enhancement will carry enhanced punishment and increased penalties on the driving under the influence charge incluidng a much longer license suspension without the possibility of a restricted license and/or an increased jail sentence.

The act of refusing may be also admissible in San Diego Superior Court as evidence of “consciousness of guilt”.

In California, refusal to submit to a chemical test can result in an automatic one year suspension of driving privileges, regardless of whether the suspect is convicted of a San Diego DUI.

If the San Diego DUI suspect refuses to take a chemical test the police may and will usually restrain the individual and forcefully withdraw blood.
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This is common in situations involving an accident with death or injury.

There are numerous defenses to breath and blood tests.

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