Powerful DUI Defense: Why Testing Occurs After Arrest
Why does DUI testing happen after the arrest? Because probable cause already justified the arrest, explains San Jose attorney Stuart Kirchick—the station breath or blood test is further investigation. Holding a driver's license means you've consented under implied-consent law. Refuse, and officers can get a warrant to draw blood, plus you'll lose your license far longer than if you'd cooperated.
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Answered by Stuart Kirchick · San Jose, CA
Highlights
— why refusing the post-arrest test can trigger a warrant and license loss
Frequently Asked Questions
Why does DUI testing happen after arrest?
Because probable cause already justified the arrest—the station breath or blood test is further investigation, and holding a license means you've consented under implied-consent law. Refuse, and officers can get a warrant to draw blood, plus you'll lose your license far longer than if you'd cooperated.
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