If you are facing DUI charges, understanding the intricacies of the law surrounding blood draws can be crucial to your defense. The rules in California regarding when police can require a blood draw without a warrant have evolved, making it important to consult with a knowledgeable criminal defense attorney in Pomona, CA. For a free consultation, contact Chambers Law Firm at 714-760-4088.
When is a Warrant Not Required for a Blood Draw?
A relatively new California law established in 2018, resulting from the case People v. Gutierrez, clarified when a warrant is not required for a blood draw in DUI cases. According to this law, no warrant is needed if:
- An officer directs that your blood be drawn to measure blood alcohol content (BAC), and
- You freely and voluntarily choose a blood test over a breath test.
What Does California Law Say About Forced Blood Draws?
In the landmark case People v. Gutierrez, the defendant was found sleeping in his car and was arrested for DUI. The police informed him of the requirement to submit to a blood or breath test, and he chose the blood test. The court highlighted the importance of this choice, stating:
“This element of choice is dispositive, and that if a DUI suspect freely and voluntarily chooses a blood test over a breath test then the arresting officer does not need a warrant to have the suspect’s blood drawn.”
Other Scenarios Requiring a Blood Test
There are specific conditions under which police can require you to take a blood test:
- A warrant for the test.
- Suspicion of a California felony DUI.
- Suspicion of driving under the influence of drugs (DUID), according to Vehicle Code 23152f and 23152g.
Conditions Making a DUI a Felony:
- It causes injury.
- You have three or more DUI or wet reckless convictions within the prior 10 years.
- You have at least one prior felony DUI conviction.
Clear Indication of Drug Use:
An officer can require a DUI blood test if there is a clear indication that it would show the presence of drugs. This indication can come from:
- Your statements.
- Objective symptoms of drug intoxication.
- Physical evidence of drug use.
Is a Warrant Needed for a Breath Test?
A warrant is not required for a breath test following a lawful DUI arrest. California’s implied consent law mandates that you submit to a breath test to determine your blood alcohol concentration after a DUI arrest. Refusing to take a breath test results in:
- Increased penalties beyond the standard DUI penalties.
- Mandatory driver’s license suspension regardless of the DUI case outcome.
Can You Refuse a Breath Test Before a DUI Arrest?
You can refuse to take a breath test before being arrested for DUI. After being pulled over, you may be asked to take a preliminary alcohol screening (PAS) breath test, which is a roadside test similar to other field sobriety tests (FST). There are no penalties for refusing a PAS test unless you are:
- Under the age of 21.
- On probation for a prior DUI conviction.
Refusal to take a PAS test in these conditions cannot be admitted at trial as evidence of guilt. However, if you agree to take the PAS test, its results can be used to convict you of a DUI.
Contact a Criminal Defense Attorney in Pomona, CA
Understanding the nuances of DUI laws and your rights is essential if you face DUI charges. An experienced criminal defense attorney in Pomona, CA, can help you navigate these complexities and provide the best defense possible. Contact Chambers Law Firm at 714-760-4088 for a free consultation to discuss your case and explore your legal options.
