Redding, CA asked in Criminal Law and DUI / DWI for California

Q: If I am not on probation or parole and am placed under arrest can I be searched and be given a blood test?

I was placed under arrest for DUI while not in the vehicle and the keys not in the ignition in my own driveway. Police were called by neighbors because; I thought I was in park and was not reached over to grab two pizzas in the seat next to me my foot left the brake as my vehicle ran into my own garage door I then passed out woke up to neighbors knocking on my window I got out told them I was fine grabbed the pizzas went inside dropped them off and went back outside to see the damage to the garage door Police officers showed up put me through the DUI field tests arrested me and they placed the cuffs on me then went through my pockets they found a personal bag of cocaine, they then went through my vehicle found a tire checker club that you can buy at any truck stop and are charging me with felony weapon, they then forced me to take a blood test back at the jail and stuck a needle in my arm ( I hate needles) and took my blood while never giving me the opportunity to give a urine sample.

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3 Lawyer Answers
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
Answered
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: You have a lot of potential issues, you should contact at least one local DUI defense attorney to discuss the facts of your case, possible defenses and likely outcomes. Your issues range from reasonable suspicion to initially contact you in your driveway to the blood test, each point along the path from initial contact to arrest requires specific facts to move from point to the next, a lawyer should know what to look for and how to fight for you.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed

if they can tie you into the car and driving and you appear to be under the influence, they can probably order you to take a breath or blood test.

if you refuse they will get a judge to sign a bench warrant and it is a forced blood draw AND

you will lose your CDL for 1 year.

Ghazal Sharif
Ghazal Sharif
Answered
  • Criminal Law Lawyer
  • Santa Clara, CA
  • Licensed in California

A: Under the implied consent laws, a person who wants to drive is deemed to have consented to a warrantless seizure of their blood or breath.

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