Check this out

[Antigone*]

If you kill people by being stupid. Then your comment makes it seem like you kill a lot. I hope your comments dumber than you are... for your sake.

At the end of the day this is going to cost you a lot of money, it will cost you a lot of time. Thank our heavenly father that someone else didn't have to pay for your moronic behaviour.

 

[tranquility]

I refused. In california you can refuse a breath. But u must submit to blood test.

Um..no. The way you mean, you must submit to chemical testing of blood or breath. You must submit to one.

V C Section 23612 Implied Consent For Chemical Testing
Implied Consent For Chemical Testing

23612. (a) (1) (A) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153. If a blood or breath test, or both, are unavailable, then paragraph (2) of subdivision (d) applies.

(B) A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or urine for the purpose of determining the drug content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.

So, did you refuse or not?

If so:

(D) The person shall be told that his or her failure to submit to, or the failure to complete, the required chemical testing will result in a fine, mandatory imprisonment if the person is convicted of a violation of Section 23152 or 23153, and (i) the suspension of the person’s privilege to operate a motor vehicle for a period of one year, (ii) the revocation of the person’s privilege to operate a motor vehicle for a period of two years if the refusal occurs within 10 years of a separate violation of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code that resulted in a conviction, or if the person’s privilege to operate a motor vehicle has been suspended or revoked pursuant to Section 13353, 13353.1, or 13353.2 for an offense that occurred on a separate occasion, or (iii) the revocation of the person’s privilege to operate a motor vehicle for a period of three years if the refusal occurs within 10 years of two or more separate violations of Section 23103 as specified in Section 23103.5, or of Section 23140, 23152, or 23153, or of Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code, or any combination thereof, that resulted in convictions, or if the person’s privilege to operate a motor vehicle has been suspended or revoked two or more times pursuant to Section 13353, 13353.1, or 13353.2 for offenses that occurred on separate occasions, or if there is any combination of those convictions or administrative suspensions or revocations.

 

[Just Blue]

If you kill people by being stupid. Then your comment makes it seem like you kill a lot. I hope your comments dumber than you are... for your sake.

For goodness sake! Hire an attorney.

 

[INDY559]

Um..no. The way you mean, you must submit to chemical testing of blood or breath. You must submit to one.

chemical test brotha "chemical"... urine or blood is mandatory. I came here to get educated but it seems like its the other way around.

So, did you refuse or not?

If so:

At the end of the day this is going to cost you a lot of money, it will cost you a lot of time. Thank our heavenly father that someone else didn't have to pay for your moronic behaviour.

Yes you are right. Well im done with this. I'm taking off. You will have to find another downed man to kick. Sorry for your lose once again.

 

[Just Blue]

Yes you are right. Well im done with this. I'm taking off. You will have to find another downed man to kick. Sorry for your lose once again.

www.mentalhealth.com

 

[tranquility]

The test for alcohol is blood or breath. The test for drugs is blood or urine. brotha.

 

[notfadeaway]

If there were no preservatives in the blood then it HAS to be thrown out; alcohol ferments and so the number is higher than what your bac was. It's procedure to put a sufficient amount of preservatives in the blood. If you hire an attorney, have it re-tested at an independent lab. If that's all their evidence against you I really don't think they have a case, unless under California state law refusal to a breath test is a presumption of guilt.

Was the blood test mandatory, or did you ask for it as an alternative?

 

[Zigner]

If there were no preservatives in the blood then it HAS to be thrown out; alcohol ferments and so the number is higher than what your bac was. It's procedure to put a sufficient amount of preservatives in the blood. If you hire an attorney, have it re-tested at an independent lab. If that's all their evidence against you I really don't think they have a case, unless under California state law refusal to a breath test is a presumption of guilt.

Was the blood test mandatory, or did you ask for it as an alternative?

Did you really log on here just to make random guesses?

 

[CdwJava]

If there were no preservatives in the blood then it HAS to be thrown out; alcohol ferments and so the number is higher than what your bac was. It's procedure to put a sufficient amount of preservatives in the blood. If you hire an attorney, have it re-tested at an independent lab. If that's all their evidence against you I really don't think they have a case, unless under California state law refusal to a breath test is a presumption of guilt.

Was the blood test mandatory, or did you ask for it as an alternative?

The refusal to take the test can generally be used at trial to infer a consciousness of guilt.

Yes, the blood can be preserved and a re-test may be possible assuming the lab's policy is that it maintains the samples after testing.

And, if the OP refused the required consensual test, CA law permits the police to forcibly obtain the sample.