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Consent to a Chemical Test: Los Angeles DUI
This is a little technical post, but very helpful in some Los Angeles DUI cases. Every single DUI arrest in Los Angeles (and the rest of California) involves an eventual request to consent to a DUI chemical test. Los Angeles Police officers (and peace officers of other agencies), after arresting a driver suspected of drunk driving, will tell the driver that he has to submit to a DUI chemical test of his blood or breath. In other words, they are asking the driver to consent to a search of his body for evidence of crime! This is a search and seizure (AKA 4th amendment) issue that can and needs to be litigated. Why? Because not all consents are valid! US Supreme […]