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California DUI Refusals...A Thing of the Past?

By Neil Shouse, Esq.

California DUI refusals are commonplace. In fact, many California DUI defense attorneys will ?suggest? that if you are pulled over for a DUI?and can live without your license for one year?politely refuse to perform any FSTs or submit to a blood or breath test. If the National Highway Traffic and Safety Administration (NHTSA) has its way, that option will cease to exist. NHTSA is eagerly awaiting the results of a one-to-two year study currently being conducted in Idaho and Texas where police officers are being trained to draw blood from DUI suspects who refuse to submit to testing. Arizona, who has been employing this tactic for almost 15 years, has seen its refusal rate drop by more than 50%. Although the U.S. Supreme court held that forced blood draws are constitutional in DUI cases?can the same be said for their reliability? Absolutely not.continue to full post

Full post as published by DUI Blogger on September 14, 2009 (boomark / email).