Constitutional Law
Jan. 18, 2024
A police warrantless blood draw ruled improper
An initially conscious and lucid suspect who becomes unconscious, or seemingly unconscious, requires law enforcement to obtain a search warrant before obtaining the blood of a DUI suspect.
Dmitry Gorin
Partner, Eisner Gorin LLP
Alan Eisner
Partner, Eisner Gorin LLP
Robert Hill
Associate, Eisner Gorin LLP
California implied consent laws require all drivers to voluntarily provide a breath or blood test as part of a police drunk driving investigation. In cases where there is injury or death, the police will not stop at a “refusal,” and seek a search warrant to obtain the blood pursuant to court order. It has been very common in our law firm’s criminal practice to defend a case where the police obtained a drug and/or alcohol reading despite the suspect refusing to coopera...