San Mateo, CA asked in Car Accidents and DUI / DWI for California

Q: After an accident can a cop make me take a blood test after submitting to a breathalyzer at the scene? I wasnt arrested.

This is meant to clarify my previous question which Dale S. Gibow was kind enough to answer. Thank you.

I think his answer told me yes because my breathalyzer was voluntary but i wasnt arrested after doing field sobriety tests and breath test. I apologize for not fully comprehending the answer.

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1 Lawyer Answer
Mr. Hudson Thomas Bair
Mr. Hudson Thomas Bair
  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: If you aren't arrested, there are no legal grounds for requiring a blood test as "implied consent" is triggered upon arrest. If you are arrested, you must consent to a sample of your blood or breath, if you don't the officer can request a search warrant and obtain a sample or simply write that you were a "refusal." Further, if after providing a breath sample the officer thinks that something other than alcohol impaired your driving, he/she may request a blood test to search for drugs. All of these are possible scenarios, you should contact a DUI defense attorney to discuss the facts of your case and likely outcomes.

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