Legal Question in DUI Law in California

I was recently pulled over for DUI in SF, Ca. The arresting officer gave me a breathalyzer test and made me take it 4 times before I failed. I then requested a blood test. The officer called it in then talked me out of it. Saying, "I really don't need or really don't want one." after several minutes of talking me out of it, he radioed back in and canceled the blood test. Is this legal, and would could this be grounds for dismissal? thanks


Asked on 1/19/10, 1:28 pm

1 Answer from Attorneys
Bruce Kapsack Kapsack and Bair - DUI Attorneys, Board Certified in DUI Defense

If you are arrested for suspicion of DUI, yu have a CONSTITUTIONAL right to a blood test if the officer used breath. This is based on a case called TROMBETTA. The failure to allow you to take this test, or to talk you out of it, may be grounds to have the case dismissed as a violation of those rights.

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Answered on 1/24/10, 7:52 pm


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