Can Police Take My Blood Without Consent in California?

You probably already know that if the police suspect you’ve been driving under the influence, they have the right to pull you over and assess your blood alcohol content. This evaluation may be performed in a number of ways, the most popular of which is through a breathalyzer test. Another method, which is perhaps one of the most accurate and scientific techniques that police use to understand your blood alcohol level, is to take a sample of your blood. However, many drivers are confused about the rules and regulations surrounding the legality of blood samples, most notably whether or not the police may withdraw your blood without your consent.

In a nutshell, with few exceptions, the police can’t legally take blood from a driver suspected of DUI against their will unless they have a warrant. This is true even if the police reasonably suspect the driver of alcohol use. Legal procedures related to blood drawn without consent can be complex and often require a warrant. However, it’s important to note that if you refuse to submit to a blood test, you may still be required to take a breath test. In any case, if you think your blood was withdrawn without your consent or if you need help defending your rights against your blood test results, contact the experienced legal professionals at Aron Law Firm today.

Law enforcement must follow strict protocols when obtaining blood samples to ensure the legality and admissibility of the evidence in court.

When Does California Law Require a Warrantless Blood Draw for DUI?

It’s crucial to note the nuances surrounding California’s implied consent law. In general, California drivers all consent to take a DUI blood or breath test if they’re lawfully arrested for driving under the influence, which is a form of chemical testing. However, drivers don’t have to take a blood test and are instead given the option to decide between a breath and a blood test. Exceptions arise in the following scenarios:

• If the driver is unconscious
• If the driver has been taken to a facility where breath testing isn’t available
• If the police have a warrant
• If the police reasonably believe the driver was under the influence of drugs
• If the police suspect you’ve committed a felony

This rule is relatively new in California. Prior to the laws changing in 2018, a warrant was required for a blood draw. Today, even if the police don’t have a warrant, they may still draw your blood if you voluntarily and freely choose a blood test over a breath test or if you fall into one of the exceptions listed above. Additionally, the legality of a warrantless blood draw has been the subject of significant legal scrutiny, with the Supreme Court ruling that strong justification is required for such actions.

Is It Better to Take a Blood Test or a Breath Test If You’ve Been Pulled Over for DUI in California?

Predominantly, drivers tend to choose breath tests over blood tests because they’re faster and less invasive. However, there are a few reasons why you may prefer a blood test in the context of DUI cases, especially considering the procedures and legality of obtaining blood testing without consent. For one, breathalyzers measure the amount of alcohol in your system by mathematically converting this number to an approximately equivalent BAC, a formula known as a “partition ratio.” Because everyone’s partition ratio is different, some people consider blood tests a more accurate measure of BAC than breath tests. Additionally, a portion of your blood sample may be saved for later retesting, which is sometimes a significant advantage.

In California, law enforcement uses chemical tests, particularly blood tests, to determine the presence of alcohol or drugs in an individual’s system for DUI cases. Under the implied consent law, individuals implicitly agree to chemical tests, but there is also the ability to withdraw consent to a blood draw based on specific legal cases.

Contact the Knowledgeable Criminal Defense Lawyers at The Aron Law Firm

Contact the Aron Law Firm today if you’ve been arrested for driving under the influence or have additional questions about providing consent for blood tests in California. We’ll not only help you understand your situation and the options you have based on the circumstances of your case, but our skilled California criminal defense lawyers may be able to help you sidestep the penalties associated with a DUI conviction. After investigating your case in detail and building a robust defense, our legal team will do everything in our power to protect your rights.

Police officers play a crucial role in obtaining blood samples, often ordering blood draws and conducting preliminary alcohol screening tests in DUI cases.

At the Aron Law Firm, our team is well-versed in DUI defense law and may help you dodge the consequences that stem from this offense. We have a wealth of experience helping clients with legal issues avoid a wide variety of criminal charges. We focus on our client’s well-being as we work to make the legal process as painless as possible. Supreme Court rulings have significant implications on the legality of blood testing in DUI cases, including the requirements for warrants.

The United States Supreme Court’s decision in Missouri v. McNeely clarified the criteria for what constitutes a reasonable blood test, impacting implied consent laws for chemical tests in California.

To discuss your case with a criminal defense attorney, schedule a consultation by calling (805) 618-1768 or completing our online contact form today.

• Category: Drug Crimes