Legal Question in DUI Law in California

NO ONE CAN ANSWER THAT QUESTION.

The important issue is why did you have to take them, and by whom were they taken. Were you arrested? DUI? Mental illness hold? Emergency hospital treatment?

And there is NO RIGHT to a lawyer before your blood is drawn or before you decide; that is a terrible law but that is the law. There is no right to insist ion your predication, whatever that might be, before your blood is drawn,but there may be a way to get the result suppressed (thrown out) but right now we don't even know what kind of case, or if there is a case!

Generally, law enforcement can have your blood drawn without your permission. You do not have a right to a lawyer before such a test is administered. You DO, however, have the right to remain silent. You really should speak to a lawyer about ALL the facts and that would take at least 15 minutes for a qualified attorney to ask all the questions neccesary and to give you the advise you need. If you want to speak to me, at NO COST, call my office at 661-267-1313, and I will answer all your questions. Have a Happy New Year. ............... David Wallin

In California, you are not required to submit to a PAS test (a handheld breathalyzer administered as a field sobriety test before arrest) but under CA implied consent, you must submit to a chemical test (breath or blood) when arrested for DUI. Generally speaking, you are given the choice between breath and blood. The method used should be the least intrusive. If you chose a breath test and were still subjected to a forced draw, your attorney may have grounds for a 1538.5 (suppression motion) BUT that is very fact specific and can only be decided after an attorney has a good amount of time to sit with you and go over the facts of your case. I would suggest hiring a criminal defense lawyer sooner rather than later to explore your options. DUI convictions, while relatively common, do carry collateral affects. Most importantly each DUI conviction can be used to enhance the penalties on any future DUI charges within the next 10 years and many counties impose a 3 year informal (obey all laws) probation, among other consequences like fines, fees, DUI classes and restitution.