Already on probation and get pulled over while driving a vehicle

Asked over 1 year ago - Ventura, CA

Get charged with a DUI for drugs, was told have to submit my blood or urine. I chose urine, could not urinate at the time they said I would be forced to take a blood test .and they would hold me down and take my blood .I was not able to give a urine Sample that particular time but i was willing. I said I would not consent to a blood but I told them I would not fight if they held me down, so they took my blood without my consent is that legal for them to do so?

Attorney answers (4)

  1. Matthew Murillo

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . Yes, it is legal. Even if you were not on probation. but since you were on probation, you don't even have to be arrested in order for them to request. Most probation terms simply require that an officer suspect you are under the influence and driving.

    As a result of your refusal, you will be facing "Refusal" charges with the DMV, which means (if you lose), your looking at at least 2 years without a license if this is your second offense, because of the refusal allegation.

    Speak to a local DUI attorney about the case and discuss the details. See what they can do.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation... more
  2. Joseph Salvatore Farina

    Contributor Level 17

    5

    Lawyers agree

    Answered . Yes. In fact, cops would have been within their rights to do a forcible blood draw so long as they didn't use unreasonable force to do so.

  3. Michael Carter Lukehart

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . Probably. Your question indicates some ambiguity about how it happened, but unless they did something shocking, you are out of luck.

  4. Jasen Bodie Nielsen

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . Generally speaking, yes, and it is very common for them to do so in ultra-strict Ventura County. In fact, the arresting agencies in Ventura County have what is called a forced blood draw policy that dictates how this is to be done in just such a scenario. You need an experienced Ventura DUI attorney. Feel free to give me a call if you have any questions. Good luck.

    Jasen Nielsen

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