Police officers in California sometimes accuse individuals of driving under the influence (DUI). Some officers use blood tests to determine if a driver is over the legal limit for alcohol consumption. Can police draw blood for a DUI test without consent?
Technically, drivers in California give “implied consent” to comply with blood alcohol content (BAC) testing after a DUI arrest. However, drivers do not always have to agree to a blood test.
Dig into the specifics regarding your rights regarding a blood draw with the Simmrin Law Group. Start getting information by calling us at (310) 997-4688.
California’s Implied Consent Laws for BAC Testing
All drivers in California give “implied consent” to BAC testing in specific situations. Driving in our state means you give this kind of consent. This means that you agree to take a BAC test each time you turn on your car.
However, BAC tests are not always blood tests. Police officers generally must offer drivers a choice to take either a breath or a blood test. Sometimes, drivers can even request a urine test to measure BAC.
Additionally, drivers do not legally have to agree to all blood alcohol content tests. Drivers are allowed to legally decline a preliminary alcohol screening (PAS) test in most cases.
Drivers only have to go along with these tests if they are:
- Under 21
- On DUI probation
Drivers can also refuse a field sobriety test (FST) if they are over 21 and not on DUI probation. However, refusing these tests does not mean drivers won’t face DUI charges. Drivers will simply not face legal repercussions for refusing the tests.
Warrants and Blood Tests for a DUI in California
Drivers in California give implied consent to BAC testing after a DUI arrest. However, there are additional restrictions on blood tests. In many situations, police officers must get a warrant before requiring a blood test.
However, they do not need a warrant if:
- The driver volunteers to freely submit to a blood test
- The driver is suspected of committing a felony DUI
- The driver is suspected of driving under the influence of drugs
Legally, police officers do not need to get a warrant in these cases. However, you should know that the Supreme Court recently ruled on a case involving an attempt at a forced blood draw.
The Supreme Court ruled that drawing blood during a DUI arrest without a warrant was a violation of an individual’s Constitutional rights.
Currently, the laws in California still allow police officers to make a blood draw without a warrant in the above circumstances. Find out more about our local legal codes by contacting the Simmrin Law Group. Reach out to us at (310) 997-4688.
Penalties for Refusing a Legal BAC Test in Los Angeles
Some drivers in California refuse to perform a BAC test, despite giving implied consent when in their motor vehicle. You should know that this decision can have serious legal repercussions. Drivers who refuse a legal BAC test can get a license suspension.
The Department of Motor Vehicles (DMV) can automatically suspend a driver’s license after a BAC refusal. This suspension can last up to one year. Drivers are generally not permitted to operate their vehicles during this period of time.
Handling BAC Test Results After a DUI Arrest
A BAC test can indicate that a driver drank alcohol before getting behind the wheel in California. Our state has a legal limit for BAC. Most drivers have to keep their BAC under 0.08% to avoid DUI charges.
Some drivers must keep their BAC even lower. For example, drivers:
- Of commercial vehicle must keep their BAC under 0.04%
- Under 21 must keep their BAC under 0.01%
A Los Angeles DUI lawyer can help if you got a poor result on a BAC test. We can dispute the results of these tests here in Los Angeles. We could also argue in court that a police officer violated your rights by performing a blood test without your consent or a warrant. Find out more about how we could help by contacting us right now.
Find Out if the Police Can Draw Blood for a DUI without Consent
Technically, police officers only need a warrant to draw blood for a DUI in California. However, it is possible this action would be a violation of your Constitutional rights.
Get more information about this situation with our team at the Simmrin Law Group. Our Los Angeles DUI lawyers are standing by to help you. Just call (310) 997-4688. You can also fill out our online contact form.
Get the help you want with a free consultation.