All drivers in the California area are deemed to have given their consent to a “chemical test” of their breath or blood. This a different test than the roadside field sobriety tests. There is no right to consult an attorney before the chemical test. [California Vehicle Code § 23612] If there is a DUI conviction and there is a refusal to complete a test of breath or blood the penalties can be seriously increased. [California Vehicle Code § 23577]

From a scientific standpoint, a blood test is considered more accurate than a breath test.

Reliability of Breath-Alcohol Analysis in Individuals with GERD

Why Breath Tests of Blood-Alcohol Don't Work

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