My question involves criminal law for the state of: California.
First DUI offense, no previous convictions or arrests, only 1 speeding ticket on my record...
I was pulled over by CHP for "swerving" and was accused of driving under the influence. I refused to do the field Breathalyzer so I was arrested and brought back to the station. At the station, the officers explained to me the choices again, and recommended I do the Breathalyzer instead of the blood test. The first time I blew into the Breathalyzer I apparently did not blow hard enough. the officer instructed me to blow until the dots on the machine reached a certain point. After he was done explaining, I blew into the machine again until it reached that point, and then stopped. He then said I did not blow long enough, and told me I could not do the Breathalyzer anymore and had to do the blood test. I did not argue at the time because this was my first time being arrested, and honestly I didn't want to give them any inclination that I was refusing or resisting.
Looking back at the situation and reading about forced blood draw, could the fact that their unclear instructions and refusal to Breathalyzer me lead to the blood test evidence being dismissed? After the whole incident, I was only left with two choices - take the blood test, or refuse it and get my license suspended for a year. The situation they put me in seemed like a clear violation of my 4th Amendment rights because I chose to do the Breathalyzer test.
If this is correct, it seems like I would have a good shot at getting the case dismissed.
Thoughts? Advice?

