CHP No Longer Doing Forced Blood Draws

Apr 22, 2013 @ 05:32 PM — by Myles L. Berman

The California Highway Patrol is suspending non-consensual blood draws in misdemeanor DUI / Drunk Driving cases and will obtain search warrants for blood draws in Felony DUI / Drunk Driving cases unless there are "exigent circumstances beyond the mere dissipation of the suspect's blood alcohol content". The new policy is a direct result of the US Supreme Court decision I posted about last week. Credit should be given to the CHP for following the 4th amendment of the US Constitution as reaffirmed by the US Supreme Court. So many of our clients were shocked to learn police actually threaten to restrain as well as restrain them when they withdrew their consent to a chemical test (breath/blood).

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