Legal Question in Criminal Law in California

Re: Blood test

Usually a term of probation is to obey all instructions of any law enforement officer. To not take a test when an officer requests one of you could be a probation violation. Not taking a test could also be used as circumstantial evidence that you refused because you knew you had drugs in your system. As a former Deputy District Attorney and Certified Criminal Law Attorney I'm sure I could answer any question you may have. Thank you. David Wallin at www.wallinlaw.com.

Re: Blood test

It depends on the county and terms of your probation. Different counties have different standards and rules. In some counties the terms of probation may be somewhat general and provide that you "submit to a chemical test" while in another county the terms may be very specific and provide that you "submit to a blood test." So if the terms of your probation provided that you would take a blood test then you could be violated for not taking a test.

I do not think being in a different county will have an effect on the admissibility of the test, but it is worth investigating. Generally counties follow their own standards. However a law enforcement officer can not arbitrarily decide than someone is only going to take a blood test. Although, generally one of the conditions of probation is that you obey all laws and follow all instructions or orders of a Police Officer. However, I do not believe the Officer could use that to force you to take a blood test. I suggest you consult with an attorney in the county you are in and the county where the incident occurred. Good luck