California Court of Appeals Upholds Blood Draws in Misdemeanor DUI/Drunk Driving Cases


In each of these cases before the Court the defendant was arrested for DUI/drunk driving; after which each was advised by the arresting officer that under California's implied consent law they were required to take one of two chemical tests. All of the defendants opted for a blood test or blood draw. In all of the cases the arresting or transporting officer witnessed the blood draw, observed the defendant having the area cleaned before the blood was drawn and observed the injection area being bandaged following the blood draw.

Each defendant filed a motion to suppress evidence of the blood draw prior to the trial of their case.

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