Law Firm of Aaron Bortel

You Can Be Compelled to Submit to a Blood Test

What will often happen, and then again, it depends on the county, is if someone refuses to do a chemical test, not only are they likely to lose their license for a year, but the officers can hold them or tie them down and do what is called a forced blood draw. And that just gives them more evidence against you if you’re over the legal limit.

Interviewer: They can forcefully do a blood draw?

Aaron: That’s unfortunate. They do that in San Francisco all the time, not very often in San Mateo, not always in Marin. Some places do it, some don’t.

Interviewer: But what’s the point of penalizing you for refusing a test if they’re going to force you to do it anyway?

Aaron: Well, that’s the problem. That’s why refusing a test is not necessarily a good idea unless you don’t need your license. You don’t know if they’re going to hold you down and force the blood draw, but they can. Case law has determined that it is not overly intrusive to take fluids out of your body, blood out of your body. This surprises most people away when they hear that. But yes, the police get to do it and it is often done in a non-medically sanitized area.

By Aaron Bortel

Aaron Bortel

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