In what circumstances will a defendant be denied a motion to suppress a blood draw based solely on probable cause of DUI?

In a partially published per curiam opinion, the superior court appellate division affirmed the denial of defendant's motion to suppress. (People v. Harris (2014) 225 Cal.App.4th Supp. 1, [170 Cal.Rptr.3d 729] (Harris ).) In the published portion of the decision, the appellate division noted that, prior to McNeely, California courts uniformly interpreted Schmerber as permitting forced blood draws based solely on probable cause of DUI because the natural dissipation of alcohol or drugs in the blood was itself an exigent circumstance. (Id. at p. Supp. 5, 170 Cal.Rptr.3d 729.) The appellate division concluded that McNeely repudiated the long-standing California interpretation of Schmerber. (Id. at pp. Supp. 56, 170 Cal.Rptr.3d 729.) Because the People did not argue that defendant's blood draw was supported by exigent circumstances, the appellate division did not address whether such circumstances existed.² (225 Cal.App.4th at p. Supp. 6, 170 Cal.Rptr.3d 729.)

[184 Cal.Rptr.3d 206]