California v. Balov

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After Peter Balov was arrested for suspected drunk driving, the arresting officer advised Balov "that per California law he was required to submit to a chemical test, either a breath or a blood test." Balov did not object and chose a blood test, which showed his blood alcohol level was above the legal limit. Balov was charged with misdemeanor driving under the influence. Before trial, Balov moved to suppress the results of the blood test, arguing primarily that his consent to the test was coerced. The court denied the motion, the appellate division affirmed. Balov brought the same argument to the Court of Appeal, which found no error in the lower court's judgment, and affirmed. View "California v. Balov" on Justia Law