Powerful DUI Defense: Why Testing Occurs After Arrest

DUI testing after arrest typically happens at the police station after officers establish probable cause and make the arrest. In San Jose, drivers are generally deemed to have consented to a breath or blood test under implied consent rules, and refusals can trigger penalties. This article explains why post-arrest testing occurs and how DUI defense challenges it.

Ray Hrdlicka – Host – Attorneys.Media

“Do those last two test you just described, occur after the arrest at the police station?”

Stuart Kirchick – Criminal Defense Attorney – San Jose, CA

“That’s correct. So, there’s already been probable cause to make the arrest. Now you’re under arrest. And now the officers are basically doing more of an investigation. By the very terms of having a driver’s license, you have consented to having one of those tests. Now, if you don’t, then it’s a refusal. And then the officers can get a warrant to draw your blood, if they want. It’s a search warrant. Just like searching a house. They have to get a judge, based upon probable cause, to sign a warrant. To then forcibly draw your blood, or if you cooperate, draw your blood even though you refuse.

And then there are consequences if you refuse either of those tests. You’re going to lose your license from the DMV for a longer period of time than if you cooperated with giving the test.”