If you are pulled over on suspicion of drunk driving, you have the right to choose the type of alcohol test to submit to law enforcement. You should never be forced to take one over the other.
This is the issue that has come up in Vincent Jackson’s case. Jackson, a San Diego Chargers wide receiver, was arrested this past January on suspicion of drunk driving. San Diego DUI lawyer, Cole Casey, is representing Jackson and argues that Jackson was forced to have his blood drawn against his will after repeatedly requesting a breath test.
If you are ever pulled over, keep in mind that you are only required to present your driver’s license and vehicle documentation. It is not mandatory that you answer any questions regarding your destination, number of drinks consumed, etc. You are also not required to perform any sobriety tests. If law enforcement start to question you, you can say, “I will not answer any questions until I consult with my lawyer.”
If you do submit to a test and it is determined that your BAC (blood alcohol content) is 0.08% or over, you will be arrested. Find out the penalties for a DUI in San Diego…
