A California appellate court recently upheld the blood-draw of a California man on probation after he refused his consent to the blood draw. According to the court’s opinion, a police officer stopped the defendant after he allegedly observed the defendant driving fast and crossing partially into another lane. The officer began to follow the defendant as he ran a stop sign, nearly hitting a pedestrian.
After the defendant was stopped, he refused to take a breath or alcohol test, and the officer brought the defendant to the police station to obtain a search warrant to take the defendant’s blood. The officer then learned that the defendant was on probation for a DUI offense, and the officer took the defendant to the hospital to draw his blood without obtaining a warrant. The defendant objected, but the officer had the defendant’s blood drawn, and the result showed a blood-alcohol level of 0.157 percent.
The defendant was charged with driving with a blood-alcohol level of 0.08 percent or more within 10 years of a prior DUI felony conviction, driving under the influence of alcohol within 10 years of a prior DUI felony conviction, driving with a suspended license, and resisting arrest. The defendant argued that he did not consent to the blood draw, and that his blood was taken in violation of the Fourth Amendment.