Getting a blood-draw search warrant in California in a misdemeanor offense of driving under the influence case is statutorily prohibited, based on the statutory construction principle of expressio unius est exclusio. California Penal Code Sec. 1524 does not authorize it.
If you have been arrested on suspicion of driving under the influence in California and you withdrew your “implied consent” to chemical testing, then any blood-alcohol evidence obtained by threat or use of force may be subject to exclusion for evidence in your court case.
Contact a Board-Certified DUI Defense attorney in the Northern California Bay Area for consultation. Paul Burglin handles DUI cases exclusively and has been practicing drunk driving defense for 28 years. He co-authors California Drunk Driving Law.
