Governor Brown has signed a bill that requires law enforcement officers to obtain search warrants to take blood samples in misdemeanor driving under the influence (DUI) cases. SB 717, authored by Senator Mark DeSaulnier (D-Concord), received strong bipartisan support in the legislature, passing 38-0 in the Senate and 74-0 in the Assembly. The bill was sponsored by the California District Attorneys Association, Los Angeles County District Attorney Jackie Lacey, and San Diego County District Attorney Bonnie M. Dumanis.
“SB 717 ensures that our law enforcement officers are able to conduct necessary blood tests in misdemeanor DUI cases,” Senator DeSaulnier said. “I am proud to work with our law enforcement officials as they aim to prosecute DUI offenders. I thank Governor Brown for supporting these important public safety efforts.”
In the 2013 Missouri v. McNeely case, the United States Supreme Court decided in a 5-4 opinion that if an individual suspected of driving under the influence refuses to voluntarily submit to a blood draw, he or she is no longer subject to a forced blood draw without law enforcement first obtaining a search warrant.
SB 717 ensures that California’s penal code adheres to the Supreme Court ruling on Missouri v. McNeely. SB 717 allows law enforcement officers to receive a search warrant to take a blood sample as evidence in misdemeanor DUI cases when a person refuses to consent to voluntary blood draw.