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4185 REVIEW DENIED In forcibly drawing blood from a person arrested for driving under the influence of alcohol (DUI), police officers do not violate the arrestee's rights under the state or federal constitution, even if they fail to give the arrestee a choice of blood or urine test as required by California statute.
RITSCHEL v CITY OF FOUNTAIN VALLEY (Blood Test) 137 CA4 107 [See: 42 USC 1983; CivC 52.1; Brosseau v Haugen 543 US 194; Saucier v Katz 533 US 194; Schmerber v California 384 US 757; People v Ryan 116 CA3 168]
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