People v. Gutierrez

The issue in this case is one that arises every day in California. A law enforcement officer arresting someone for driving under the influence (DUI) informs the suspect that he or she must submit to a breath test or blood test to measure blood alcohol content (BAC). If the suspect, *731faced with this choice between tests, elects a blood test, must the arresting officer then get a warrant before having the suspect's blood drawn? We conclude no warrant is necessary in these circumstances, under the well-recognized and categorical exception to the Fourth Amendment's warrant requirement for a search…