At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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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.

For more information on Forced Blood Draw In A DUI Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 523-7878 today.

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Aaron Bortel
With 30 years of specialized experience in DUI defense, Attorney Aaron Bortel is a dedicated advocate for those facing DUI charges in the Bay Area. Committed to helping clients avoid jail, save their driver’s licenses and jobs, and prevent permanent criminal records, he combines deep legal expertise with genuine care for his client's welfare. Trust in a lawyer who not only defends but truly supports you through challenging times.

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