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

Q: if originally charged as a dui and your blood was forcefully drawn if dui was dropped can the courts legally charge you

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In general, under California law, if a blood draw was taken as part of a DUI investigation and the DUI charge was later dropped, the prosecution may still be able to use the results of the blood draw to bring other charges, depending on the circumstances.

For example, if the blood draw revealed the presence of illegal drugs, you could potentially face charges related to that, even if the DUI charge itself was dropped. The admissibility of the blood evidence would depend on factors like whether the blood draw was conducted legally and in accordance with your rights.

However, the specific details of your case are crucial in determining what can happen legally. There may be grounds to challenge the admissibility of the blood draw or other aspects of the case.

Given the complexity and stakes involved, I strongly recommend consulting with a criminal defense attorney who can review the unique facts of your case and advise you on your options and the best path forward. Many attorneys offer free initial consultations. If you can't afford an attorney, you may be eligible for a public defender or low-cost legal aid services.

Remember, you have rights, and an experienced attorney can help protect those rights and work towards the best possible outcome for you. Wishing you all the best as you navigate this challenging situation.

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