If you’re entangled in the complexities of a DUI charge in California, it’s essential to grasp the intricacies of blood draw laws, particularly following the 2018 legal clarifications. These guidelines are pivotal when you’re faced with a choice between a blood test and a breathalyzer to measure your Blood Alcohol Content (BAC) following a DUI arrest.
Keep reading to get the facts. If you need help from a criminal defense attorney, contact Chambers Law Firm at 714-760-4088 for help right away.
Unwarranted Blood Draws: Understanding Your Selection Rights
A DUI arrest invariably involves the critical decision of submitting to a BAC test. California law, as crystallized by the case of People v. Gutierrez, specifies that you can be subjected to a blood draw without a warrant if you voluntarily opt for this test over a breathalyzer.
The Fine Line of Choice in Blood Test Compliance
The crux of the matter lies in the voluntary selection of the blood test. It’s this element of choice that negates the necessity for a warrant, allowing for a lawful blood draw by the arresting officer. However, it’s important to note that this choice must be made freely and without coercion.
When Police Can Mandate a Blood Test
Beyond voluntary selection, California law delineates scenarios where police can mandate a blood test without a warrant:
- With a Judicial Warrant: A legally obtained warrant authorizes a blood test.
- Felony DUI Suspicion: Situations that escalate DUI to a felony level, such as causing injury, can justify a warrantless blood draw.
- DUID Suspicion: When there’s substantial suspicion of drug influence, a blood test may be legally compelled.
Breathe Easy: No Warrant Needed for Breath Tests Post-Arrest
Post-lawful arrest for DUI, you’re bound by California’s implied consent law to undergo a breath test. Refusal to comply attracts penalties irrespective of the DUI case’s outcome, emphasizing the non-negotiable nature of this law post-arrest.
Pre-Arrest Breath Test Refusals: Know Your Rights
Before an arrest, you have the right to refuse a preliminary alcohol screening (PAS) breath test without facing legal penalties, provided you’re over 21 and not on DUI probation. This pre-arrest period is critical in defining the course of your DUI proceedings.
The PAS Test: A Double-Edged Sword
Agreeing to a PAS test can lead to results that might contribute to a DUI conviction. Therefore, understanding the implications of this test is essential for anyone pulled over under DUI suspicion.
Legal Counsel: Your Safeguard Against DUI Complications
In the tangled web of DUI charges, blood draws, and breath tests, the role of skilled legal counsel cannot be overstated. An experienced DUI attorney can navigate the legal maze, advocate for your rights, and potentially mitigate the repercussions of a DUI charge.
Navigating these legal waters can be challenging, but with the right information and legal support, you can make informed decisions. If you’re grappling with a DUI charge and the complexities of blood draw laws, reaching out to a seasoned attorney could be the most crucial step in defending your rights. Contact Chambers Law Firm at 714-760-4088 to get started.
