We do from time to time see forced blood tests. It is legal for officers to do a forced blood draw on somebody. I know throughout California there are many counties and cities that do forced blood draws on a regular basis. In Los Angeles County, we typically do not see forced blood draws in the regular run of the mill DUI investigations.
Where we may see forced blood draws is when there’s a DUI or suspected DUI with accident and an injury. They will do a forced draw if there is a serious injury and if we’re dealing with a felony, with great bodily injury, or even a fatality.
If someone does refuse in one of those situations, they can actually put somebody in a chair, strap them down to hold them down, bring in half a dozen officers and a nurse and actually draw the blood.
The Los Angeles Police Will Obtain a Warrant for a Forced Blood Draw
There was some recent case law which brings into question whether or not there needs to be a warrant to do a forced blood draw. I think that the police departments in Los Angeles are in a position now where if they are required or want to do a forced blood draw, they will get a warrant to do that.
DUI Defense Case Histories
In one case handled through my office, the person was strapped to the gurney and just passively put their arm out. The officers wrote that up as a refusal because a doctor wouldn’t draw blood.
I do see cases with blood alcohol results all over the board. I’ve seen people prosecuted for driving under the influence when they have a blood alcohol level of 0.06. I’ve seen chemical test results go all the way up to well over a 0.30 and 0.34.
I handled a case a few weeks ago that was a 0.34, which, according to the scientific literature, indicates that someone should be unable to walk or talk at a 0.34. My client was able to walk and talk, drive and answer questions. Plus he underwent the field sobriety tests and did pretty well.
Almost All DUI Cases Are Defensible
Obviously our defense in the situation where we have a very high alcohol level like that is that the chemical testing was not accurate for this particular person. It was just not reliable in this particular situation. There has not been a DUI case where we could not find some cracks in the prosecution’s case and, therefore, not find some defenses.
Of course, some cases are stronger than others, but every case can be defended.
Personal Attention
