San Diego DUI criminal defense lawyers explain how a person arrested for drunk driving has a right to choose whether to take a breath or a blood test. With the recent McNeal ruling, one is going to choose a San Diego DUI breath test. Breath tests are not reliable and one's partition ratio may be far different than the number the machine assumes you have. That's because people are different. You can try to legislate physiology but it's not necessarily well-founded in science.

If arrested for a San Diego DUI and you ask for a breath test, it is the officer's responsibility under the law to make sure you get that test you choose. The officer is not supposed to make you take a blood test simply because the officer wants to do that. The right to choose which test is a statutory animal, not an officer's whim.

Only if you are unable to complete the breath test are you required to submit to a remaining test (blood or urine).

San Diego Chargers wide receiver Vincent Jackson was never provided a fair opportunity to complete his chosen breath test. The officer made him do a blood test.

The results of that blood test should have been suppressed by the San Diego Superior Court under the case of Nelson v. City of Irvine, in that it violated his Fourth Amendment rights, which guard against unreasonable search and seizures.

For some strange reason, the Judge said no and now the case will be appealed. That keeps him playing.

"This thing could be in the appellate courts for quite some time," said Cole Casey, Jackson's premier San Diego DUI criminal defense attorney.

Jackson was arrested for a San Diego DUI and pled not guilty.

The NFL has a substance abuse policy which usually leads to a suspension for a second alcohol-related offense. The NFL may take acdtion if a player is convicted of or admits to a violation of the law for alcohol-related offenses.

Jackson pleaded not guilty to the drunk driving charge in February. San Diego DUI criminal defense lawyer Cole Casey correctly pointed out Jackson was forced to have his blood drawn against his will after repeatedly requesting a breath test.

According to this questionable police officer, the machine purportedly didn't immediately accept his breath sample, and Jackson moved slowly while removing personal items to be inventoried. How does inventory of personal property have any material bearing on one providing a breath sample?! This zealous officer jumped to the illogical conclusion that Jackson was refusing the breath test. But all Jackson wanted was the officer to do his job and enable Jackson to provide a completed set of samples.

San Diego DUI attorneys will be watching this appellate process closely.