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. It just gives them more evidence against you if you’re over the legal limit.
Forcibly Drawing Blood In California
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. 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.
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- Being Falsely Classified As Refusing The Chemical Test
- Refusing Chemical Tests On A Subsequent DUI Offense With A Prior Conviction
- Consequences Of Refusing A Chemical Test In California
- How Do You Defend A Blood Or Breath Test Taken At The Police Station?