Patrick J. Silva - Attorney at Law

A Professional Law Corporation

DuiLawyerSanBernardinoCourt.com 

Who do you want as your Attorney? The Master or the student? Patrick Silva has 19 years of DUI experience, he has been published in DUI reference books, he has spoken in front of 100's of attorneys at conferences, taught classes to Lawyers on his secrets and strategies, and has a nationally listened to podcast dedicated to teaching other DUI Lawyers How To Win.

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​Q: Can this forced blood DUI test be beat?

My boyfriend from Huntington Beach was pulled over yesterday, St. Patrica Day, for “driving too slow” at the light or at a turn. He refused a breathalyzer because he felt this was harassment. The police held him down at the station and took a blood sample, is this legal in CA? I know under probable cause they can take blood but is this enough reason for probably cause? Is there a way we can view how the sample was processed/handled? Would the time he left the bar to the time he was processed through the station and tested be taken into account? He usually balances his drink with a tall glass of water. I don’t believe he was over the limit when he left the bar. I’ve been followed out of the bar by police claiming I was “swerving” when I don’t drink alcohol, I’m usually DD. I feel that’s what happened last night because of the holiday. He was driving fine.


​A: Yes, this is legal, but the police needed to get a warrant first. Did they? Your scenario presents possible grounds to file a motion to suppress evidence under Penal Code section 1538.5. There are likely issues related to consent and accepted medical practices. A good DUI attorney will make the prosecutor (and jury) take into account the driving pattern, time between driving and blood test, and how the sample is processed/ handled. The right attorney will understand police procedures, gas chromatography, fermentation science, and the science of alcohol absorption and elimination...