California Acts of the 2018 Legislative Session
AB 2717, Chapter 177
An act to amend Sections 23577, 23578, and 23612 of the Vehicle Code, relating to driving under the influence.
AB 2717, Lackey. Driving under the influence: blood tests.
Under existing law, a person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood, breath, or urine, as specified, for the purpose of determining the alcoholic or drug content of his or her blood if lawfully arrested for one of specified driving-under-the-influence offenses. The United States Supreme Court, in Birchfield v. North Dakota (2016) 136 S.Ct. 2160, held that the Fourth Amendment to the United States Constitution permitted warrantless breath tests incident to arrests for drunk driving, but did not permit warrantless blood tests incident to arrests for drunk driving, and held that a motorist cannot be punished criminally for his or her refusal to submit to a blood test. The court held that administrative penalties could be...
