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Fact #9:
If you are ill or have been in an accident in your DUI or DWI investigation and are taken to the hospital for treatment, you are required to give blood. But there must be a reason to take you to the hospital, not just because the Officer wants you to take a blood test. In California you have the right to choose between a breath or blood test. Always choose breath at the police station; not the hand held breath test in the street unless the Officer tells you that it is the chemical test and not a preliminary test. Now if the Officer suspects that you are under the influence of drugs, the Officer may also require you to take a urine or blood test in addition to the breath test, but the Officer must tell you so, and if that is the case, take it, but never request another test after you have taken the breath test at the police station even if one is offered.

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DUI Defenses
1. The Preliminary Alcohol Screening (PAS) Device may not be properly calibrated or maintained;

2. The blood test may not have been properly analyzed;

3. The Chemical breath test machine may be out of calibration or had interference with your test;

4. The Officer may have improperly instructed you, administered, and interpreted your Field Sobriety Tests (SFSTs);

5. If you took a breath test, you may have a medical condition know as GERD that interferes with the test giving high results for small amounts of alcohol;

6. You may have chemical tests results that seem high and over the legal limit, but if you just finished drinking be below the legal limit at the time of driving.

These are just a few of the defenses that are available to you, but you must have your attorney subpoena records, re-test blood results, and investigate the case. Remember, just because the police officer and the District Attorney say you are guilty, does not make you guilty.