The police often request a blood sample after an arrest for driving under the influence (DUI) in California. Can the police draw blood for a DUI without consent?
Generally, the police need your consent to obtain a blood sample, but state laws allow them to force a test in some circumstances.
You can learn more about consent laws around blood alcohol content (BAC) tests with a Los Angeles DUI lawyer. Understanding your rights can help you handle requests from law enforcement officers. Get more information by calling or completing our online contact form.
When Can the Police Draw Blood for a DUI?
California’s consent laws mean that law enforcement officers can only draw blood for DUI cases in specific circumstances. They may draw blood if:
- You agree to a warrantless blood draw
- They have a warrant to use a test to measure your blood alcohol level
- They believe you committed a felony DUI
- They think you were driving under the influence of drugs (DUID)
Therefore, in some cases, the police can draw blood without your consent. You can learn more about the regulations surrounding a forced blood draw with a criminal defense attorney. A lawyer can also protect your constitutional rights regarding chemical tests.
Does Implied Consent Allow a Forced Blood Draw?
Several legal codes in California impact BAC testing. The first is California’s “implied consent law,” covered under Vehicle Code (VEH) §23612. All drivers in California give “implied consent” to BAC testing each time they drive their vehicle.
Implied consent means that you are agreeing to take a BAC if so requested by a police officer after a lawful arrest for a DUI. However, this does not mean you automatically consent to a blood draw. Legally, you can choose to complete a:
- Breath test
- Blood test
- Urine test
The state of California usually allows you to choose the kind of test you would like to take. However, a specific type of test may not be available in some situations.
In this situation, you could have to choose to take a different kind of test after an arrest, but the police will not take your blood without consent. You may select a different method to assess your blood alcohol concentration.
Do the Police Need a Warrant for a Blood Draw?
Recent changes to the law in California allow police officers to order a blood draw without a warrant in some cases. Police officers can have you take a blood test if you freely and voluntarily offer to take it after the People v. Gutierrez legal case.
The courts will waive the warrant requirement for blood draws if you offer voluntary consent. The police can also order a test without a blood draw warrant if:
- They suspect you were committing a felony DUI OR
- They suspect you were driving under the influence of drugs
Legally, you must comply with these requests for a blood draw, even if you do not want to take the test.
However, another state recently found forced blood tests unconstitutional. Therefore, California’s laws on forced blood draws could come under scrutiny in the future.
Can the Police Perform a Preliminary Alcohol Screening (PAS) Test Without Consent?
Police officers generally cannot make you perform a PAS test if you disagree. PAS tests are a kind of breath test. Legally, you do not have to take a PAS test unless you are:
- Under 21
- On DUI probation
Drivers on DUI probation or drivers under 21 must also comply with orders to complete field sobriety testing (FST).
You can still get arrested if you refuse to take a PAS test in California. At this point, a law enforcement officer can legally require you to take a breath, blood, or urine test. Refusal to take a legally ordered BAC test can lead to additional penalties.
The Department of Motor Vehicles (DMV) can also automatically suspend your license if you refuse a legal BAC test. This suspension can last for a period of months or even a year. Therefore, many drivers agree to this kind of chemical testing.
Can a Blood Draw Result in DUI Charges?
Police officers often want drivers to take a blood test if they suspect the driver is under the influence. Taking a blood test can provide evidence that a driver drank alcohol or used drugs before getting behind the wheel, leading to criminal penalties in some cases.
The prosecution can use the results of a blood alcohol test to build their case. A lawyer can step in to dispute the results of a BAC assessment. Your attorney could argue that:
- The officer permed the test improperly
- The test violated your rights
- The test was not handled correctly by the police lab
In some situations, lawyers can request a blood “split.” This request allows a law firm to obtain a sample of the blood drawn for your BAC test. Lawyers can then send this sample to an independent lab for verification.
In some situations, attorneys can even get the results of a BAC test blocked here in Los Angeles.
You can contact a lawyer now if you want to dispute the results of a blood alcohol test. A legal professional can tell you everything you need to know about DUI blood tests.
Handle DUI Charges After a Blood Draw in Los Angeles
You have legal options if the police drew your blood after a DUI arrest. As we mentioned, a lawyer can focus on disputing the results of a BAC test, even one performed with voluntary consent.
Attorneys often know how to discredit blood test results in a California DUI case.
Your attorney can also focus on showing that the police stopped you without reasonable cause, leading to the dismissal of your charges. It’s essential to get legal help quickly, as the legal penalties for a DUI conviction can result in:
- Fines
- Jail time
- Restrictions on your driver’s license
- Time in an alcohol treatment program
A law firm can help you handle any kind of DUI accusation. Attorneys often focus on getting your charges dismissed or reduced to something less severe. For example, a lawyer may get a DUI accusation reduced to a charge for “dry” recklessness.
Find Out if the Police Can Draw Blood for a DUI Without Consent
Can the police draw blood for a DUI without consent? The police may perform a nonconsensual blood draw in a few cases, but for the most part, they can only order a consensual blood draw during DUI cases.
You can learn more about these tests and your legal options when dealing with a DUI charge when you contact us. Call or fill out our online contact form to get started.
