Can I choose which chemical test I take for my DC DUI?

No, but you can choose to take additional tests and can even request independent testing to ensure accuracy.

BREATH TESTING – There are two types of breath tests that are conducted in D.C. DUI cases. The first is called a Preliminary Breath Test (PBT). PBTs are handheld breath-testing devices that are used on the scene prior to an arrest. The purpose of the PBT is to help the officer determine whether he has enough probable cause to make an arrest. PBTs are not very reliable. The D.C. Code prohibits the prosecution from introducing evidence of PBT results in trial. The second type of breath testing that is conducted in D.C. DUI cases is called evidentiary breath testing. Evidentiary breath tests are conducted subsequent to arrest on non-portable machines kept at the police station (called the Intoxilyzer or Intoximieter). Prior to administration of a breath test, a DUI suspect must be observed for a minimum 20 minute period to ensure that nothing is ingested or placed into the mouth that could affect the validity of the test result. During the testing process, two breath samples will be obtained. The two breath samples must be within a certain range from each other in order for the test result to be considered reliable and admissible in court. D.C. law requires all breath testing devices to be tested every three months to ensure they are working properly. Breath test machines are issued certificates which may be used in court without the testimony of the operating officer. DUI defendants may demand, however, that the officer who operated the machine appear in court.

BLOOD TESTING – Blood testing is considered a more reliable chemical test, but it is also the most invasive. Blood tests are always conducted in cases where an accident involving an injury has occurred. Under D.C. law, only a physician or nurse acting at the request of a police officer are permitted to withdraw blood in DUI cases. Two samples of blood will be drawn. Persons who are unconscious are deemed to have consented to the withdraw of blood for testing purposes under D.C.’s Implied Consent law. If, however, a person who is unconscious has had his/her blood drawn and later regains consciousness and objects to the withdraw of blood, then the blood may not be admissible as evidence.

URINE TESTING – D.C. law provides that an officer may request a DUI suspect to submit to urine testing, instead of breath testing. In this procedure, an officer watches the suspect urinate into a specimen cup and then must properly seal, label, and store the specimen for toxicology testing. Urine testing is not as accurate as breath testing, but its use has become common by D.C.’s Metropolitan Police Department (MPD) due to continuing problems with MPD’s breath testing program

INDEPENDENT TESTING – DUI defendants may request that a chemical test be administered to him by a physician, registered nurse, or other person of his own choosing who is qualified to administer such test or tests.

DUI ACCIDENT CASES – Breath, blood, and/or urine samples may be taken from persons who are involved in an accident, and the police may use force to obtain a blood sample from such persons if necessary.

Related Questions:

1. What do police officers look for when searching for intoxicated drivers?
2. If I was not read my Miranda warnings, can my DC DUI case be dismissed?
3. What is a rising BAC defense?
4. Can I represent myself for my DC DUI case?