When Would A Blood Test Be Administered Versus The Breathalyzer Test?

You would like to think if you were pulled over and suspected of a DWI that you could request the test of your choice, either a breathalyzer test or a blood test. Not true. The choice is totally and completely up to the arresting police officer and would very often be based on convenience. A blood test would require a trip to the hospital and it would have to be administered by proper hospital personnel. Usually, they would have to use a blood withdrawal kit provided by the police agency. In other words the procedures for a blood test are much more time-consuming and much more detailed.

Are Blood Tests More Accurate Than Breath Tests?

Yes, in general blood tests are more accurate than breathe tests.

What Happens If Someone Refuses The Blood Tests?

The same consequences will result from a refusal of a blood test that exists for the refusal of a breath test. The motorist would lose their license at the first court appearance pending a hearing before the Department of Motor Vehicles. If the refusal charge is sustained, the motorist will lose his license for one year and face a civil penalty regardless of what happens in the DWI case, however they might be eligible for a conditional license. In addition, many district attorney’s offices in deciding whether to plea bargain a DWI case will consider a refusal as a strike against the motorist and perhaps not offer a favorable plea bargain.

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