DUI Breath or Blood Tests: Do you get to choose?

In Kentucky, if a police officer has reasonable suspicion that you are driving under the influence of drugs or alcohol, they can ask you to take a chemical test to determine your blood alcohol concentration (BAC). The chemical test is usually a breathalyzer or a blood test.

As the driver, you do not have the right to choose which type of test you take during a DUI stop in Kentucky. The police officer will decide which type of test (or tests) to administer based on their training and department policies. And only if you submit to all officer-requested tests, do you have the right to seek an independent blood test.

Moreover, as it relates to a DUI 1st Offense, only if you refused an officer-requested test would your license be suspended during the pendency of your case (and even then you can get the ignition interlock device to be able to drive during the suspension period). If you submit to all officer-requested tests, then your license will remain valid during the case and will only only be suspended if you are convicted of a DUI.

That being said, it is always advisable to REFUSE all forms of testing, including field sobriety (for which there is no penalty for a refusal). Only if you’ve truly had NOTHING to drink would I consider advising a client to submit to any form of chemical testing, because there are too many variables that may not be accounted for. As such, refuse unless you are able to speak with a reputable DUI attorney who advises you otherwise before taking the test.