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Warrants do not allow for DUI blood draws

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Posted By | January 7 2022 | DUI, Firm News

A DUI conviction can have serious consequences on a driver, so it is necessary that police have the required evidence to convict someone of the crime. A blood test can often confirm if a driver had any drugs or alcohol in their system while driving, but obtaining it may not be as easy as police wished it was. A warrant often grants the police the ability to collect the evidence they need for a conviction, but this is not the case for blood draws.

How police can gather evidence

There are times in which a police officer can forcibly collect a blood test via a warrant, but only under certain circumstances. If police suspect someone of committing a crime like assault or homicide, they will allow them to forcible obtain a sample of a suspect’s blood for testing.

However, a warrant does not grant police the same authority for a routine traffic stop. Even though the police do not have the authority to collect a blood sample for a test, that does not mean the driver is free to go. The police can still conduct other tests, such as roadside tests or a breathalyzer test, and the driver has the right to refuse those tests.

If the driver does refuse to take any tests, the police will likely consider that an admission of guilt, and arrest the driver and charge them with a DUI.

What happens if police collect a blood sample illegally?

If you suspect the police illegally collected a blood sample, or acted illegally in another way, do not fight with them at the scene of the event. Wait until you can speak with an attorney, and allow your lawyer to fight the police on your behalf.


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