Yes. In California, blood draws are legal, and there are a couple of different ways that blood can be drawn. It can be done voluntarily, or it could be what’s called a forced blood draw. There are certain circumstances where a warrant should be obtained and blood should be drawn in a medically approved manner, but the general rule in California is that blood draws are, in fact, legal.
What Is the Quickest Amount of Time in Which a Police Officer Could Get a Warrant?
The amount of time that it takes a police officer to get a warrant is going to depend on the particular circumstances. It’s going to depend on the police department, and it’s going to depend on what policies and procedures they have in place to obtain a warrant.
It is completely possible for a law enforcement agency such as the California Highway Patrol or the Los Angeles Police Department to have contacts that can assist them in getting a warrant. They may obtain a warrant telephonically, which means they can phone in and make a declaration to explain what the situation is and get a telephonic warrant, a fax warrant, or an email warrant.
Everything is in place to move relatively quickly to get the warrant and then get the blood drawn pursuant to a warrant, so not only are blood draws legal, but there is a mechanism in place for the law enforcement agency to get the blood drawn in a relatively timely manner. However, for most incidents in Los Angeles, there is no warrant, and they simply try to get the person to consent to a blood draw, having them sign away rights and sign away privileges under fear of additional penalties if they don’t cooperate.
When Does It Become Absolutely Necessary for Someone to Have Their Blood Drawn?
There are certain circumstances where somebody’s blood would be drawn in relation to a driving under the influence case. If somebody is stopped and lawfully arrested for driving under the influence, they are typically given two choices: either to submit to a breath test or to a blood test. In some circumstances, a breath test may not be available for a variety of reasons, in which case the person would be required to submit to a blood test.
Someone may not be able to complete a breath test or a breath test machine might not be close by or operational, in which case they would be left with the choice of submitting to a blood test or ending up with an allegation of a refusal which contains additional complications and penalties that may affect a person’s privilege to drive or actually result in confinement in jail or prison depending on the particular facts.
There are certain circumstances in which some police departments in Los Angeles County (not all of them, but some of them) will routinely do what are called forced blood draws, where they will hold someone down and forcibly take the blood if the person doesn’t consent.
Usually we don’t see that in Los Angeles, but it does happen, and a lot of times it will happen if it’s associated with a DUI or with an accident if there was an injury or a severe injury. A lot of times, officers will make a decision that it’s critically important to obtain a blood, so they may do a forced blood draw or they may call for a warrant.
Can a Police Officer Request a Blood Draw Even If You Have Already Done the Breathalyzer and Standardized Field Sobriety Tests?
Sure. There are a lot of situations where someone would be required to submit to a blood test even if they had cooperated and submitted to a breath test or field sobriety test.
Most of the time when we’re dealing with a field sobriety test or a breath test out in the field, it is a pre-arrest screening for possible impairment, meaning it occurred before somebody was arrested. The law requires that if someone is lawfully arrested, they submit to a breath or blood chemical test. So, if someone gives a breath test out by the side of the road, that may not be the post-arrest chemical test that’s required, and a person would still be required under the law to submit to an additional test and it could be a blood test if a breath test is not available or the person is unable to complete the breath test.
Another situation where a blood test may become required is if the person is under the influence of a drug, not necessarily alcohol but another drug that wouldn’t show up in a breath test. They may be required to submit to a chemical test (in this case a blood test) to determine whether there are drugs in the system and at what level those drugs may be, whether that’s cannabis, THC, methamphetamines or some other controlled substance.
For more information on Legal Status of Blood Draws in California, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (310) 424-3145 today.
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