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Blood Sample Can Be Taken by Police without Your Consent

The police are allowed to withdraw blood samples to determine blood alcohol content from a person who was arrested from driving under the influence. During trial, the results from the chemical test can be used. The defendant is not required to agree to submit to the test.

In people v. Ryan (1981), Ryan (Appellant) was convicted for driving under the influence, refusing to stop at the scene of accident and reckless driving. Under Cal. Vehicle Code § 13353, appellant was not authorized to suppress the blood alcohol test results. The Cal. Vehicle Code § 13353 mention sanctions for failure to submit to blood alcohol tests.

In People v. Mills (1985), Mills (Respondent), was charged of driving under the influence and with excessive blood alcohol proximately causing injury. The trial court held that it failed to advise the respondent that there would be no preserved sample of a breath test. The Court decided to reverse the order because the officers did not have to advise the respondent that the blood results would be admissible against him at trial. The court determined that the officer had no duty to advise the respondent, who decided to chose a breath test instead of a blood test.

In Schmerber v. California (1966), Schmerber (Defendant) was convicted of driving under the influence and while receiving treatment at a hospital from his injuries, a blood sample was taken by a physician under the supervising of an officer. The blood sample was taken without a search warrant and with the advice of counsel to allow the blood test.

If you have any questions about your DUI case in San Diego, please contact San Diego DUI attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Lawyer