California Court of Appeal

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People v. Gutierrez, 153419

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

  • Decided
  • Published 2018/10/02


  • Tucher


  • California Court of Appeal


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