It depends.
According to California Vehicle Code section 23612(a)(1)(A) all drivers in California have "consented" to chemical testing of blood or breath to determine their blood alcohol content if they have been lawfully arrested for an offense allegedly committed in violation of Section 23140, 23152, or 23153.
However, as the California District Attorney Association points out, appellate courts argue that a formal arrest is not a precondition for lawfully obtaining a DUI suspect's blood without consent, under the circumstance that a law enforcement officer had probable cause to think that the person was driving under the influence.
If this sounds complicated, it's because it is. And this is why being arrested for DUI in California can be so overwhelming. Everything happens so fast that you don't even have a chance to think about whether your rights have been violated or whether an officer is properly following procedure.
So, you don't necessarily have to be arrested for drunk driving in California for an officer to have your blood or breath tested. But the "probable cause" grounds related to this can be subjective, meaning that an officer's reasons to suspect that you were under the influence while driving could be biased or based on opinion rather than evidence.
Preventing drunk driving helps save lives, but it's important that innocent people aren't punished for something they didn't do. If you or someone you care about has been arrested for DUI in California, contact Pasadena DUI defense attorney Daniel Kann at 626-376-9218. Mr. Kann has been defending the rights of individuals charged with various drunk driving offenses for years, lending him the extensive legal experience and resources necessary to get charges reduced or dismissed. The sooner you have a lawyer on your side, the better your chances are of avoiding a conviction.
