DEMO BUILD · corrected architecture · not attached to production DNS · noindex/nofollow · see all page types
AttorneysOnline.Directory
Home / Answers / DUI / Powerful DUI Defense: Why Testing Occurs After Arrest
DUI · answered on camera

Powerful DUI Defense: Why Testing Occurs After Arrest

Quick answer

Why does DUI testing happen after the arrest? Because probable cause already justified the arrest, explains San Jose attorney Stuart Kirchick—the station breath or blood test is further investigation. Holding a driver's license means you've consented under implied-consent law. Refuse, and officers can get a warrant to draw blood, plus you'll lose your license far longer than if you'd cooperated.

Excerpt summaries from the video and transcripts · how we make them

Answered by Stuart Kirchick · San Jose, CA

Highlights

0:30

— why refusing the post-arrest test can trigger a warrant and license loss

Frequently Asked Questions

Why does DUI testing happen after arrest?

Because probable cause already justified the arrest—the station breath or blood test is further investigation, and holding a license means you've consented under implied-consent law. Refuse, and officers can get a warrant to draw blood, plus you'll lose your license far longer than if you'd cooperated.

→ Full interview on Attorneys.Media

Contact Stuart Kirchick
Answered by

Stuart Kirchick
The Law Offices of Stuart D. Kirchick

26 filmed answers · full profile →

Build note · one page per video, built from the directory database: this video’s own Quick answer, Law update where one applies, Highlights and Q&A, attributed to its attorney. Nothing on it is quoted verbatim and no interview text is reproduced — the full interview stays on Attorneys.Media, linked above.