Can the Police take your blood without your consent

March 29, 2014

Under California law, they can.  But a new Supreme Court case says, maybe not.  In that case, the police in Missouri took blood after a DUI stop from a man that would not consent.  The evidence was eventually suppressed by the US Supreme Court.  See link below:

http://richmondregister.com/crime/x730863257/Warrant-needed-for-blood-test-in-most-cases

Bottom line, if you refuse to take a blood or breath test (not a portable breath test) most police offices in California will not force a needle into you.  Instead, they will say you “refused” and you will lose you driver’s license for 1 year.  If the police believe you are drunk, they will still give you a DUI.

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