DUI Arrest And The Forced Blood Draw

If you are stopped by a police officer for a traffic violation or at a DUI CHECKPOINT, the officer will conduct a DUI investigation if he or she believes that you have been drinking alcohol or any drugs, whether prescription or not. This DUI investigation usually includes some preliminary questions about what and when you drank, health problems, and personal information. This is usually followed by a “request” that you perform some voluntary field sobriety tests. Then follows a request that you voluntarily take a breath test. After all this, if the officer believes that you are too impaired to drive safely, they will arrest you for DUI. And it should be noted that you should NOT answer questions about what you drank or agree to take any field sobriety tests or a voluntary breath test without personally consulting with your Orange County DUI Attorneys.

Once the officer arrests you for DUI, they will advise you that under California’s implied consent law found at section 23612 of the California Vehicle Code, you MUST agree to submit to either a blood or breath test. (However, if the officer has reason to believe that you have taken drugs, the officer can limit your option to a blood test) The officer will tell you that you do not have the right to consult with your DUI Lawyer in Orange County before choosing the breath or blood test. The officer will also advise you that if you refuse take the required test the DMV will suspend your driver’s license for a minimum of one year with no eligibility for a restricted license. And all of this is true.

Moreover, the United States Supreme Court held in the case of Missouri v. McNeely that when someone refuses to comply with the implied consent law by submitting to the required test, the police can acquire a warrant from the court to take a blood sample from the arrested person. Yes, that’s right. The police will get a search warrant and literally strap you down and take a blood sample. Now, the police will have the blood evidence to use against you for the DUI AND you will also be charged with a refusal. So, Orange County DUI lawyers know it is NOT a good idea to refuse to take a blood or breath test AFTER you have been arrested for DUI.

In some special cases the police don’t even need to get a warrant. If the cops can point to “exigent circumstances” that required drawing a defendant’s blood without a warrant, then the court will excuse the requirement. Of course the warrantless search will usually be challenged by the defendant’s DUI Attorney in Orange County at a suppression motion.

If you have been arrested for DUI, it is essential that you seek the counsel of an experienced DUI Lawyer. Call The Law Offices of EJ Stopyro today at (949) 559-5500 for your free and confidential telephonic consultation. You can also visit us at www.ejesquire.com. We have offices in Newport Beach and San Juan Capistrano.