Monday , February 24 2020
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Blood-Draw Search Warrant

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.

About Paul Burglin

Paul Burglin
Paul Burglin practices DUI defense in the San Francisco Bay Area including the Napa/Sonoma wine country. He has been in practice for more than 30 years and was formerly a partner at one of the oldest Marin County law firms (Mitchell, Hedin, Breiner, Ehlenbach & Burglin). After graduating from U.C. Berkeley in 1980, Mr. Burglin received his law degree from Gonzaga University School of Law in Washington. He is Board Certified in DUI Defense and co-authors the two-volume treatise, "California Drunk Driving Law." He is on the Board of Regents with the National College of DUI Defense (www.NCDD.com) and is Editor-in-Chief of its case law update and newsletter. He is one of only a select few of DUI defense attorneys in the United States to have attended the University of Indiana’s Borkenstein Course on chemical testing and scientific protocols offered to prosecution experts, and he is a certified graduate of that program.

If you would like to contact the author, please visit: http://www.burglin.com


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