In California, officers usually ask a licensee in investigation for a DUI to take a preliminary alcohol screening test prior to being arrested. Taking this does not satisfy the "implied consent law." Once arrested, the officer can then request a breath or blood test. In a situation where the officer suspects drugs are involved, they can request a blood test even after a breath test is given. Refusal to a blood test in this situation can constitute a refusal. You should speak to a DUI attorney in your area to discuss the case in more detail.
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