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.
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