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: DUI Blog

Consenting to a DUI Blood Draw

By admin

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Prosecutors in California and other states are thrilled when they receive a DUI case from law enforcement officers which includes results from a blood draw of the suspect driver. Unlike breath testing machines like the Intoxilyzer, which are notoriously unreliable devices for measuring actual breath alcohol concentration, blood tests are more accurate. However, a blood draw can only happen if law enforcement officers get a warrant or get the person?s consent. Consent Generally in California DUI Cases The Fourth Amendment protects people from unreasonable searches and seizures by the government. This means that law enforcement must generally obtain a warrant before they can conduct searches of private property or persons. A blood draw, by literally going into a person?s body to extract evidence in a criminal case, is a search and seizure for Fourth Amendment purposes...continue to full post

Full post as published by DUI Blog on September 10, 2020 (boomark / email).