6 votes

Police Forcing Blood Draws on U.S. Citizens?

I didn't know this until today, but apparently law enforcement officers can forcibly draw blood from those suspected of a DUI after they get a warrant.

I fully admit that I'm not familiar with the laws and procedures regarding testing on DUI suspects, but this seems to me to a bit over the top, and really poses the question: Couldn't this be considered a violation of the Fourth Amendment? I would imagine a forced blood draw is an unreasonable search.

Of course it is my understanding that such forced blood draws are only done when a citizen refuses a breathalyzer. So what do you think? And before you answer, check out this video of an actual, forced blood draw recently done in Georgia: http://www.wealthdaily.com/articles/police-force-blood-draws...

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The supreme court recently

The supreme court recently ruled that unless they have a warrant they cannot take your blood.

I dunno... I'm not letting

I dunno... I'm not letting anyone stick me with a needle...

I'd update that and just say to know your state laws and your rights. In my State, blood draws can be refused.

http://www.colorado-criminal-dui-defense-lawyer.com/taking-b...
The Right To Refuse

Under the DUI express consent law, an arrestee has a statutory right to refuse to provide a sample of his/her blood or breath (see 42-4-1301 (7) (a) (11)). But the refusal can then be used in an administrative license revocation hearing to revoke the driver’s license for at least a year with no driving.

42-4-1301.1(3) Any person who is required to take and to complete, and to cooperate in the completing of, any test or tests shall cooperate with the person authorized to obtain specimens of such person’s blood, breath, saliva, or urine, including the signing of any release or consent forms required by any person, hospital, clinic, or association authorized to obtain such specimens. If such person does not cooperate with the person, hospital, clinic, or association authorized to obtain such specimens, including the signing of any release or consent forms, such non cooperation shall be considered a refusal to submit to testing.

Here's the thing: When you

Here's the thing: When you got your driver license, you agreed to the laws that apply to a licensed driver.

That's true.

That's true.

I Would DEMAND A Blood Draw

...if I was pulled over for suspected DUI. Performing animal tricks for the cops on the side of the road is done to demean and humiliate. I would refuse and demand to have my blood tested. That way you get an accurate result and perform a public service by taking the cop off the streets for a few hours.