If you’re stopped on suspicion of a misdemeanor DUI in California, you will no longer be forced to take a blood test if the police officer doesn’t have a warrant. If you’re stopped and you voluntarily submit to the blood test, this decision has no affect on your situation.
But if you decline to take the blood test, in the past, California Highway Patrol officer would have been able to force you to submit to it. That’s not the case anymore. That’s because of a recent Supreme Court case, Missouri v. McNeely, which found this practice to be unconstitutional.
The US Constitution
This case relates to the 4th Amendment of the Constitution of the United States, which says: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
What’s reasonable and not reasonable?
One of the most tricky parts of the 4th Amendment is the part about “unreasonable searches and seizures”—just what, exactly, is reasonable or unreasonable? That interpretation is subject to judges’ interpretations—and ultimately, the United States Supreme Court carries the last word on all legal matters. Now that the Supreme Court has decided this case, each state must follow suit and implement this policy, including California.
Immediate implementation
So, as a result of this Supreme Court decision, the California Highway Patrol has adjusted its policies to require warrants for even routine DUI cases. The Supreme Court justices emphasized the importance of warrants in order to retain public trust in police officers and other government officials, so acquiring a warrant is required in the majority of situations now.
Updated advice
Now, Southern California’s most trusted DUI lawyer, Dan Chambers of the Chambers Law Firm, has some words of wisdom for anyone who has been pulled over on suspicion of DUI:
As always, avoid incriminating yourself. Don’t answer any questions about how much you’ve been drinking, whether you feel drunk, etc.—just politely decline to answer. But now it’s especially key that when you are asked to take a blood test to determine your BAC (blood alcohol level)—and yes, you will be ASKED, not commanded, though the police officer may speak authoritatively—decline to submit to it.
Federal and state of California laws do not require you to take a blood alcohol test before your arrest. This recent Supreme Court case just cements that even further by saying that police officers cannot require anyone to take one without a warrant. However, this area of law is developing and changing rapidly, so it’s best to consult with Chambers Law Firm to get the latest and most authoritative law on this legal issue.
Questions?
If you have any questions about DUI policies in California, click around on this blog. There are dozens of articles about DUI laws on the Chambers Law Firm blog, so help yourself! DUI policy and law is constantly changing, so it’s important to stay informed of recent developments.
Additionally, if you’d like to discuss your DUI case with Southern California’s DUI expert, don’t hesitate to make an complimentary first appointment with Dan Chambers of the Chambers Law Firm now by calling 714-760-4088 or emailing dchambers@clfca.com.
