Chemical Test Refusals in California DUI Cases...A Thing of the Past?
Chemical test refusals in California DUI cases are commonplace. In fact, many California DUI defense attorneys will “suggest” that if you are pulled over for a DUI…and can live without your license for one year…politely refuse to perform any FSTs and politely refuse to submit to a chemical blood or breath test.
If the National Highway Traffic and Safety Administration (NHTSA) has its way, the option of refusing a California DUI chemical test will soon cease to exist.
NHTSA is eagerly awaiting the results of a one-to-two year study currently being conducted in Idaho and Texas where police officers are being trained to draw blood from DUI suspects who refuse to submit to chemical testing. Arizona, who has been employing this tactic for almost 15 years, has seen its DUI refusal rate drop by more than 50%.
Although the U.S. Supreme court held that forced blood draws are constitutional in DUI refusal cases…can the same be said for their reliability? Absolutely not.
While blood tests are typically considered more reliable than breath tests in drunk driving cases, there is a caveat. In order for that statement to hold true, the blood must be drawn, stored, and tested according to very strict procedures…if it isn’t, the results are easily compromised and can result in wrongful convictions.
If NHTSA believes that the study is successful, it will encourage law enforcement agencies nationwide to follow suit. This means that the officers who are arresting you (and who are, therefore, already biased against you) are the ones who will be responsible for maintaining the integrity of the most damaging piece of evidence that can be used against you in a DUI trial.
