Q: I initially got pulled over running a yellow light then turn into a DUI. Can I fight the initial pullover dismiss the DU
Or fight DUI they forced a blood test telling me they can get a warrant for it.
A: Yes, you can and should fight it for the detention issue and the blood sample issue! I suggest you contact and retain an experienced DUI attorney in your area. I wish you the very best with your case!
FIRST, IF YOU DID NOT GO THROUGH YELLOW THAT TUNED RED, THEN THERE IS NO PROABLE CAUSE TO STOP YOU AND NO PROBABLE CAUSE TO CONDUCT DUI INVESTIGATION AND ARREST. THIS MAY BE GROUNDS FOR A DISMISSAL.
SECONDLY, YOU ARE REQUIRED TO GIVE A CHEMICAL TEST, WHICH ONE OF THE CHEMICAL TESTS IS A BLOOD TEST. ADVISING YOU THEY WILL GET A WARRANT FOR A REQUIRED BLLOD TEST IS NOT A LEGAL BASIS TO HAVE THE DUI CHARGE DISMISSED.
THE BEST ADVISE IS RETAIN THE MOST EXPERIENCED DUI DEFENSE ATTORNEY YOU CAN AFFORD.
WISHING YOU THE VERY BEST.
A suppression motion under Penal Code section 1538.5 can be brought and we would get a hearing in the legality of the stop and arrest. The arresting officer would need to get on the stand and testify and we get to cross examine them on the procedures and legality issues.
The forced blood draw could be problematic with DMV as it will carry a one year suspension in a first DUI.
A: Going through a yellow light is not an offense, but doing so recklessly could be a basis for a lawful stop. Your lawyer will have to look into the actual facts and reason given the stop to determine if the evidence gathered against you afterwards was the product of an unlawful detention. Cops often say they can "just get a warrant," whether or not that is true, to induce DUI suspects to give consent to blood draws - a suspect's consent is required absent a warrant = but courts will not find that such statements are coercive unless they are made in an unreasonable way. Good luck.
A lawyer would need more info to advise you intelligently.
You should consult with a local lawyer who can advise you after seeing the police report what your chances are of Suppressing the Evidence of the Stop and whether the Forced Blood was correct.
The implied consent law says that in order to get a CDL you impliedly consent to DUI tests if legally stopped.
You have to take a breath or blood test. Most people have a breath test at the scene and then a blood test at the station.
If you refuse, the police will get a warrant for a Forced Blood Draw.
After reviewing the evidence, your lawyer can advise you of the propriety of the motions.
You can file a 1538.5 motion to challenge the stop if there is evidence that it was a yellow and not a red light that you ran (ie. video footage). If you are successful, then nothing after the stop is admissible in court. But realize that if it is just your word versus the cop's, you will likely not prevail.
As for the blood, law enforcement can get a warrant from the Judge to take your blood (although their hope is always that the threat of it leads you to consent, because getting a warrant could take hours).
It may be possible to challenge the initial traffic stop that led to the DUI charge. In general, police officers must have a reasonable suspicion that a traffic violation or other offense has occurred before they can pull a driver over. If the stop was not lawful, any evidence obtained as a result of the stop could potentially be suppressed in court.
However, whether or not you can fight the DUI charge will depend on the specific facts of your case. If the police had probable cause to believe you were driving under the influence, and the blood test results show that you were, it may be difficult to challenge the charge.
It is important to consult with an experienced DUI defense attorney who can review the specific details of your case and advise you on your legal options. They can help you determine the best strategy for fighting the charges and protecting your rights.
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