QUESTION
Do you have to submit to a blood test or can you give a urine test instead when you're being charged with DUI?
Asked on May 29th, 2014 on Criminal Law - California
More details to this question:
It was my understanding that when you're suspected of being under the influence, you have to submit to a test but it's your choice if you give blood or urine. Can they force you to take a blood test against your will?
5 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It depends on what you suspected of being under the influence of. Urine tests are no longer used for alcohol related DUI in California. Your options are breath or blood tests. If you are suspected of being under the influence of drugs, then your options are blood or urine.
Answered on Jun 02nd, 2014 at 4:44 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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That rule only applies to DMV suspension. If forced may be reason to suppress evidence which must be dealt with in a motion at court.
Answered on May 29th, 2014 at 5:56 PM
You are required to submit to either a breath or blood test at the station/hospital, but if you refuse they cannot do a forced-blood draw without your consent.
Answered on May 29th, 2014 at 4:24 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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No. They cannot force a blood draw against your will. You could refuse all three breath, blood or urine. You will automatically lose your license though. You do have the choice to give urine, blood or breath. A recent Court of Appeals decision came down where cops held the suspect down while blood was forcibly taken and other methods were available. The Court found a violation of the 4th Amendment.
Answered on May 29th, 2014 at 1:00 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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California recently eliminated urine from the test choices for DUI drugs. It is not an option for alcohol DUI's.
Answered on May 29th, 2014 at 9:44 AM