QUESTION

Why did they take my blood when I refused the blood test?

Asked on Aug 11th, 2012 on DUI/DWI - California
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7 ANSWERS

Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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If you were so inebriated that you were not competent to decide, or were too wasted to be able to do the breathalyzer, or you were involved in an accident, blood draw is generally done. Your attorney can argue about it in court. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least ? of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I?ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.
Answered on Aug 16th, 2012 at 2:41 PM

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Simply put: The law allows a forced draw.
Answered on Aug 16th, 2012 at 2:37 PM

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Based on the implied consent statute they can do a forced-blood draw if you refuse all chemical tests.
Answered on Aug 16th, 2012 at 2:37 PM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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i can only speculate. However if no other means to obtain blood alcohol they use that method. But where were you? I assume you could have insisted they not take a blood sample.
Answered on Aug 16th, 2012 at 2:34 PM

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In California, you can't refuse a blood test if you're arrested for DUI. You can refuse a pre-arrest breath test.
Answered on Aug 16th, 2012 at 2:33 PM

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They can force a blood test and use the results against you in court and argue that you refused a test.
Answered on Aug 16th, 2012 at 2:33 PM

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Criminal Law Attorney serving San Diego, CA
They shouldn't have done so. They should have suspended your driver's license for 1 yr. You must have consented without knowing. Did they tie you down & take it?
Answered on Aug 16th, 2012 at 2:33 PM

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