In California and in some other states, courts have upheld that law enforcement is permitted to use, “reasonable force” to hold you down and extract your blood if you refuse to provide a blood or breath sample. The law requires that you provide either a blood or breath sample if law enforcement reasonable believes that you may be under the influence of alcohol or drugs while driving.

In Sacramento if you refuse to submit to one of the two chemical tests, several large deputies will hold you down while a nurse or phlebotomist will stick you with a needle and draw your blood.

Additionally, you will be subject to an lengthier driver’s license suspension, (1 year for 1st offenders as opposed to 4 months for non-refusal first offense).

There have been incidents where people with diminished lung capacity due to asthma or other respiratory issues have been mistakenly thought to have attempted to thwart testing. Machine records should be examined closely under such circumstances. Some machines require a minimum volume of breath or a minimum amount of pressure before capturing a breath sample.