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Legality of Blood Draw in DUI Defense in Los Angeles
DUI Blood Test is a hot area of litigation in courts throughout the country. In Schmerber v. California, a 1966 decision by the Supreme Court, the court decided the constitutional legality of a DUI test. What makes a DUI Blood Test illegal even when you agree to the blood draw? We provide a guide to the hearing that can be held to suppress the DUI blood test results and to get a dismissal of your DUI case. If you were arrested for a DUI, the police most likely tried to get a blood or a breath test to see how much alcohol you have in your blood. The Legal Blood Alcohol Level in California is below .08% BAC. Thus, a person […]
DUI Defense: Forced Blood Draws in California DUI Cases
CALIFORNIA DUI: PEOPLE V. FISCALINI FORCED BLOOD DRAW CASE To defend a DUI case in Los Angeles, a DUI defense attorney will often use a “search and seizure” motion to get a dismissal. A Judge can dismiss a case if the DUI police do something improper, such as pull over a person suspected of a DUI without a reason or take blood to analyze for alcohol without permission. Because sometimes blood tests done by police in DUI cases are illegal, dismissing your DUI can is possible. Here, we discuss 1 case that is based on a consensual blood draw and was used to prosecute a DUI in California. A very important court case is the forced blood draw case of […]