Video – Attorney Stuart Kirchick Explains Why A Breath Or Blood Test For A DUI Will Occur After The Arrest

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 – Santa Clara County, 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.”