Legal Question in DUI Law in California
drawing blood from a minor without parent consent
My 17 year old son was stoped for a dui. He was not mirandized and the outhers with him have so said. The officer who took him in drew blood without parent concent. Is this legal?
2 Answers from Attorneys
Re: drawing blood from a minor without parent consent
Yes, blood can be drawn from a minor without parental consent. Under California's implied consent law drivers are deemed to consent to a chemical test when issued a license.
Re: drawing blood from a minor without parent consent
The officer is supposed to give a Miranda advisement after arrest. The only sanction for failure to do this, however, is that any statements made thereafter in response to interrogation can be suppressed. In many DUI cases, the police will not give the Miranda since all incriminating questions are asked before arrest.
Yes, the police can draw a blood sample of a 17-year old without parental consent. Under the "implied consent" laws, any driver is presumed to have consented to a chemical test (assuming probable cause to arrest) as a condition of driving.
Lawrence Taylor
Practice limited to DUI defense
310-860-9515; 949-752-1550
http://www.DUIcenter.com
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