DUI on Federal Land Requires Blood Alcohol Test (CA Vehicle Code 23152)

DUI on Federal Land Requires Blood Alcohol Test (CA Vehicle Code 23152)

Rabin Nabizadeh
April 21, 2014

Many Californians are already aware of their rights when it comes to drinking and driving.  Normally, you have a choice as to whether you want to take a blood, breath, or urine test after having been pulled over on suspicion of driving under the influence.  This is what is known as ‘implied consent’ (CA Vehicle Code 23612) and it means that law enforcement officials are entitled to know what your BAC (blood alcohol level) is when they arrest you. However, if you are arrested on DUI charges on federal land, you no longer have a choice as to which kind of test you will take, you will be required to take a blood alcohol test.

This is exactly what happened to a man (name withheld in order to protect the privacy of the accused) was not aware of when he visited Yosemite National Park in June of 2011.  A park ranger found him seemingly intoxicated in his parked car, which was still running. (CA Vehicle Code 23152)  His case has been widely publicized due to his refusal to take a blood alcohol test.  His argument is that the arresting officer read him the law, but did not explain to him that refusing a blood test would land him in jail for a 6-month period of time.  He even claims that he was patently misled and told that his refusal would make no difference.  Though he actually pled guilty to several other federal offenses, he was taken to trial on the basis of the blood test refusal.  However, the Ninth U.S. Circuit Court of Appeals agreed this past Friday that he was deceived by the arresting officer.  This should give pause to anyone found to be intoxicated while driving on federal lands, refusing a blood test is a crime.

 

latest news

April 7, 2022
What Can I Expect After Being Arrested for a DUI in California?
A DUI charge is a severe criminal offense in California. DUI arrests take away a massive part of your driving privilege and could tarnish your reputation. Prior DUI convictions can inflict further damage to your career opportunities, driving rights, and immigration status. This blog will go over what you must expect when facing DUI charges. [...]
April 7, 2022
How Long Does a DUI Stay on Your Record in California?
DUI cases may stay on your criminal record forever. The United States sees DUI as a serious traffic crime punishable with grave penalties. Fighting your way through a DUI case is a challenging task. But, it doesn't mean you can't do anything about it. There are legal options available for you, depending on the nature [...]
April 6, 2022
Arrested for DUI in California: Am I Going to Lose My Job?
You've been charged with a DUI and have no idea what to do next. A lot of worries may run through your mind, including the fear of losing your job. Many aspects of a DUI charge can be overwhelming to a person, even to those familiar with California Law. In this blog, we will discuss [...]