Q: Can an officer make me submit to a blood or urine test after an accident if i passed a breathalyzer in Ca.?
I rear ended a car that was stopped on a dark part of a highway with its lights off in Half Moon Bay (San Mateo county). The other driver just screamed at the top of her lungs until she was in an ambulance. Paramedics told me shes perfectly fine, just in shock. Naturally they suspected i was at fault (and intoxicated) but couldnt understand how the impact was so great(she was stopped). I submitted to a search, field sobriety test and breathalyzer. Normally id say no to the field sobriety tests but i feared that a blood/urine test would show marijuana in my system from days before. I was once urine tested instead of blood tested after suspicion of DUID in 2015 (im not sure if thats why this DUID was dropped from the case but it cost me money). I also would like to ask if she was CERTAINLY breathalyzed/tested at the hospital as well as i suspect she woke up to the collision and that caused her reaction. Im still waiting for a police report. Thank you for taking time to read this.
A:
the field sobriety tests in California are optional.
the Breath test at the scene is optional.
however, you then have a choice of Breath or Blood, usually at the station or hospital.
California no longer uses Urine testing.
if you refuse that last test, then they can get a forced blood test....and you will lose your license for a year.
A: Rear-ending a car is enough for the police to investigate the cause of the accident, if they think that impairment was a cause of the accident they can further investigate the sobriety of the driver(s) involved. If you were arrested (and a subsequent question suggests you weren't) you could be asked to provide a sample of your blood or breath.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
