California Court of Appeal

Held on a Fourth Amendment question that if someone being arrested for driving under the influence freely and voluntarily chooses a blood test over a breath test, the arresting officer does not need a warrant to have the suspect's blood drawn. The existence of a choice is dispositive for constitutional purposes; discussing Birchfield v. North Dakota, 136 S. Ct. 2160 (2016).

Appellate Information

• Published 2018/10/02

Judges

• Tucher

Court

• California Court of Appeal

Counsel