If you are ever unfortunate enough to get arrested for a DUI in Orange County, whether after being pulled over for a traffic violation, at a DUI checkpoint, or after an accident, the officer who arrested you for DUI will almost always tell you that you must submit to either a blood test or a breath test in accordance with California’s Implied Consent law. (California Vehicle Code Section 23612). However, you Orange County DUI Lawyer will tell you that the officer doesn’t always have to give an arrestee the choice. In some instances, a person arrested for DUI will be required to take a blood or urine test instead.
According to
Section 23612 if the police officer who arrested you for DUI has specific and articulable
facts that indicate that you may be under the influence of drugs, instead of or
in addition to alcohol, then the arresting officer can require that you submit
to a blood test. If you refuse to take the blood test then even if you did submit to a
breath test you can be charged with a refusal. A refusal charge will typically
lead to a longer period of suspension and perhaps even mandatory time in the Orange County jail if you are convicted of a refusal in the
court
proceedings.
DUI Lawyers in Orange County will tell you that other instances of
when a police officer can require a person to submit to a blood test after they
have been arrested for a DUI or drug
DUI is when the arrested
person cannot complete a blood test. For example, if the person arrested for
DUI has a blood condition reducing the clotting ability of their blood, then
they may, if the officer knows facts indicating drug use, require the arrestee
to submit to a urine test. Also, in the case of an accident, when the driver is
suspected of impairment by either drugs or alcohol or both, but where the driver
is unable to submit to a breath test because of injury, then that person can be
required to take a blood test or urine test.
The Implied
Consent law also says that the police officer who arrests you for DUI must tell
you that you do not have the right consult with your Orange County DUI Attorney before deciding which test to take and that you do
not have the right to have your DUI Lawyer present during the test.
If you have
been arrested for a DUI and would like to consult with an experienced DUI Attorney, call The Law Offices
of EJ Stopyro today at (949)
559-5500 for a free telephonic consultation. The call is completely
confidential. Or visit our website at www.EJEsquire.com.
We have offices at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627; and 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
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