Kestenbaum Law Group

On behalf of Kestenbaum Law Group posted in dui defense on Thursday, September 21, 2017. In California, and any other state, the Fourth Amendment of the Constitution deems any search and seizure to be illegal unless there's probable cause for it to occur. When you're issued your driver's license in California, however, one of the documents you sign is a consent form to have your blood, urine or breath tested by police. This implied consent law is only enforceable if you're already been placed under arrest though. Even then, in recent Supreme Court rulings, the panel has continued to err on the side of upholding protections afforded to citizens under the Fourth Amendment. Therefore, while a police officer can advise a motorist of the penalties he or she faces by not submitting to requested testing, in the absence of a warrant, any forced submission may be seen as unconstitutional.