first DUI and starting school soon
Question: I was arrested for DUI near Studio City on the freeway a few nights ago. Cop was very impatient with me. He gave me choice of breath or blood test. I did blood test. Then he asked me to do a breath test after for his records. I asked why…since I already did the blood test. He got frustrated and arrested me and booked me in jail.
Answer: You should consult with a DUI attorney to discuss your case in further detail. Sounds like the officer tried to have you do a “Preliminary Alcohol Screening” test after the blood test. This is something he should have requested you to do before the blood test. As long as you are over 21 and not on probation for another alcohol related offense, then you can refuse the PAS test. Although sometimes those results can be beneficial (if they are lower than you blood or breath test results), usually they just hurt your defense. In your situation, where the (apparent) PAS test was offered after the blood test, it would pretty much only have hurt your defense.
Also, should you decide to hire a DUI defense attorney (and it is highly recommended), do so as soon as possible so the DUI attorney can request a DMV hearing within 10 days of your arrest date. You can do this on your own as well, but if you are going to retain a DUI defense attorney, most will handle the DMV side of the DUI charge as well. I include the DMV request and hearing (if retained in time to do so) and offer free initial consultation regarding cases. Call me at 818-336-1384 to discuss your DUI further.
DUI & Criminal Defense Lawyer