Criminal,
Constitutional Law,
California Courts of Appeal
May 23, 2018
DUI cases and exceptions to the warrant requirement
This month, two cases discussed informing DUI defendants of the right to refuse blood testing and the consequences of a refusal.
Frank M. Loo
San Bernardino Public Defender's OfficeFrank is a former civil attorney and prosecutor. His opinions are his own and not of any other entity.
In DUI cases, obtaining consent from defendants to take blood or breath tests is an important duty of police officers. A balance must be struck between the physical intrusion of blood testing and the dissipation of alcohol in the blood. This month, two cases, People v. Meza, 2018 DJDAR 4761 (May 18, 2018), and People v. Vannessse, 2018 DJDAR 4582 (May 16, 2018), discuss informing DUI defendants of the right to re...
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