California DMV Permit Test (Class C)Alcohol and DrugsHard
A driver is pulled over and suspected of DUI. They are offered a choice between a breath test and a blood test. Which of the following statements about this choice is true?
- ARefusing one test but agreeing to another will avoid license suspension.
- BThe choice is only offered if a breathalyzer is unavailable.
- CThe officer can legally insist on a blood test if they suspect drug impairment.
- DThe driver has an absolute right to choose which test to take.
Show answer & explanationAnswer & explanation
Correct answer: C. The officer can legally insist on a blood test if they suspect drug impairment.
While drivers generally have a choice between a breath or blood test, California law allows an officer to legally insist on a blood test if they reasonably suspect drug impairment, as breath tests primarily detect alcohol. If a driver refuses the blood test in this scenario, it constitutes a refusal under implied consent.
Why the other options are wrong
- A. Refusing any validly requested chemical test constitutes a refusal under implied consent and will lead to license suspension.
- B. The choice is usually offered, but the officer's discretion regarding suspected drug impairment is a key exception.
- D. This is generally true for alcohol-only suspicion, but there are exceptions, particularly for suspected drug impairment.
Chemical Test Choice (CA DUI)
Drivers lawfully arrested for DUI typically have a choice between a breath or blood test, but officers can require a blood test if drug impairment is suspected.
- Choice between breath or blood for alcohol.
- Officer can insist on blood test for suspected drug impairment.
- Urine test may be offered if breath/blood unavailable or for specific drug types.
- Refusal of any validly requested test leads to penalties.
Memory trick: Breath or Blood, your choice is good, unless drugs are understood.