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Can The Police Request A Blood Draw If I’ve Been Arrested For DUI?

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Typically, when an individual is suspected of driving under the influence, the police administer a breathalyzer and field sobriety tests in order to see if the suspect had been drinking, however, due to extenuating situations the police may be unable to perform field sobriety tests. Situations like this are typically common when a suspect has been injured as a result of a crash—in which case the police may have to use alternative test forms.

If the suspect is in the hospital the police can request a blood test; however the individual is not required to submit to this test. This is due to a 2013 ruling by the United States Supreme Court, which mandated that police are not allowed to take a blood sample from a suspect unless they have a search warrant or are given consent by the suspect. This ruling is based on the notion that a blood draw is considered a “search”; therefore, the Constitution mandates that the police must have a warrant.

Under any circumstance where you or someone you know is arrested on suspicion of driving under the influence, it is critical that you first seek a criminal defense attorney to assist you through the process.

Are There Any Loopholes?

Under certain circumstances, the state can make an argument that certain conditions existed that required the administering of a blood draw without a search warrant. However, this is a case by case basis, and the state will have to argue that “exigent” circumstances existed that necessitated a blood test without a warrant. At this point, it will be up to the court to hear the facts and decide whether the blood draw—which is considered evidence—will be permissible in the court proceedings. There is precedent in the state of Florida where a judge has ruled in a case that blood that was obtained without a warrant was permissible in the court, although this is typically not the norm.

Every situation is unique, and a ruling like this will not always be the outcome. The police may argue that they do not have time to get a search warrant as blood filtration continually “cleans” blood in the human body. Although, the majority of the time police will just obtain a search warrant if they desire a blood draw. It should be noted that in most instances it is almost never in the suspect’s favor to consent to a blood draw, the police know this, and will thus obtain a warrant.

Do You Need Help with Your Case?

If you or somebody you know has been arrested on DUI suspicion, do not brave that battle alone. The criminal justice system can be daunting, and an experienced criminal defense attorney can ensure that you are treated fairly. At the law office of Deric Zacca, P.A. you will get the guidance and security you need. Attorney Zacca is an experienced criminal defense attorney, who also has the unique experience of being a former prosecutor. His well-rounded knowledge of the criminal justice system will ensure that you achieve the best possible result for your case. Contact the office of Deric Zacca, P.A. now to schedule a consultation.