Arrested for DUI if I do a blood test

Will I get arrested for DUI if I do a blood test?

Question:  If I am pulled over for a DUI in Southern California and get asked to do a field sobriety test then opt for the blood test, do I get to go home and then  later get charged later if it turns out I was over .08?  Or will they arrest me and tow my car until they know what the result of the blood test is?  I thought that I would not get arrested for DUI if I do a blood test?

I live in San Fernando, California and am 22 years old. Is it better to do a blood test than the breath test, or will it aggravate the cop if I do the blood test?

So you know, I would never drive drunk.  I have never had a dui or blown over a .08 or any close calls. I did get an under 21 zero tolerance DUI before y in which i blew a .02, and so I am more curious than anything else.  Thanks for your time.

Answer:  To answer your question, technically speaking the option to do a blood test would not come into effect until you are arrested. The officer may bring this up prior to arrest, but if the officer is discussing the implied consent law and giving you the choice of a breath or blood test, then the officer is subsequently going to arrest you (all things being equal) regardless of which one you choose. Note, there may be an exception in an EPAS situation with a low result, but won’t get into that here.
Assuming you were arrested and choose the blood test, the arresting agency would most likely keep you in custody for some time, usually between  4-12 hours, then potentially release you on your own recognizance (O.R). Whether or not the arresting agency releases you on O.R. can depend on many variables.

In the event they don’t release you on O.R., then you would have the option of posting bail, or waiting until your arraignment date (which would be soon if you were in custody).

Taking all that into consideration, sometimes the blood sample is not tested for days or weeks after it was drawn. In San Fernando and throughout Los Angeles County, absent egregious circumstances, they would release on O.R. on a 1st DUI, but they would still take you into custody for a few hours (at least) after submitting to the blood test.

In the event you actually have been arrested for a DUI recently, I would recommend calling me to discuss your specific situation in more detail.


San Fernando DUI attorney

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