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  1. #1
    Join Date
    Feb 2015
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    3

    Default Required to Take Blood Test After Two Negative Breath Tests for Alcohol

    My question involves criminal law for the state of: CA

    I was pulled over for allegedly speeding but was subsequently accused of being impaired: the officer said, while we were standing on the side of the hwy at night in windy conditions, that I "reeked" of etoh. I passed all field sobriety tests but the officer still insisted that I either take a breath or blood test. I chose breath test. after two times the reading was 0.01. officer still insisted he thought i was "high" and took me to nearby hospital where he said I must give blood even though I objected, said I would automatically loose my license for a year for refusal. gave blood, then was confined overnight. released with my driver license in am. cited for dui alcohol/drugs, result of blood pending. oh, he asked me how fast I was going, said I was not speeding (hardly) speed limit 70, admitted 75-80 right with others around me in heavy traffic, people passing me on both sides frequently. officer said he "clocked me on my plate at 90-plus". not cited for speeding but he wrote speed 92mph as info on the ticket. was it illegal for him to force blood test? could any results be thrown out? he was lying about clocking me - he would have said "you were going 92mph, not "90-plus" right? also would have cited me for speeding right? thx for any insight.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Required to Take Blood Test After Two Neg Breath Tests

    Everybody thinks they passed the FSTs.
    Most likely he had plenty of probable cause to arrest you and compel the chemical test.
    It is not required for him to cite you for speeding even if you were.
    The fact others were speeding is immaterial to your case.
    You need a lawyer. You're perception of what was going on is impaired and your understanding of the law is faulty.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Required to Take Blood Test After Two Neg Breath Tests

    Quote Quoting GerryMander
    View Post
    My question involves criminal law for the state of: CA

    I was pulled over for allegedly speeding but was subsequently accused of being impaired: the officer said, while we were standing on the side of the hwy at night in windy conditions, that I "reeked" of etoh. I passed all field sobriety tests but the officer still insisted that I either take a breath or blood test.
    What makes you think you "passed" the tests?

    Keep in mind that you can only be compelled to take a chemical test if you are arrested for DUI. To make the arrest, the officer has to have probable cause that you were operating a motor vehicle while under the influence of alcohol and/or drugs.

    I chose breath test. after two times the reading was 0.01. officer still insisted he thought i was "high" and took me to nearby hospital where he said I must give blood even though I objected, said I would automatically loose my license for a year for refusal. gave blood, then was confined overnight.
    If they suspect drugs use, then blood is the right course of action.

    released with my driver license in am. cited for dui alcohol/drugs, result of blood pending. oh, he asked me how fast I was going, said I was not speeding (hardly) speed limit 70, admitted 75-80 right with others around me in heavy traffic, people passing me on both sides frequently.
    So, you admitted to speeding. 75-80 is still speeding even if others were passing you.

    was it illegal for him to force blood test?
    Well, he didn't truly "force" it, but, yes, he can require a blood test if he believes drugs were involved.

    What do you think the results will be?

    could any results be thrown out? he was lying about clocking me - he would have said "you were going 92mph, not "90-plus" right? also would have cited me for speeding right? thx for any insight.
    No, he does not have to cite you for speeding. And, 92 is "90 plus" ... not to mention that he does not have to tell you the truth on the side of the road, anyway.

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