QUESTION
Can a law enforcement legally make me go to the hospital for a blood test to test my alcohol level?
Asked on May 04th, 2013 on DUI/DWI - Wisconsin
More details to this question:
Can a law enforcement legally make me go to the hospital for a blood test to test my alcohol level? I had previously did a sobriety test.
5 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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If you were lawfully arrested for DUI you must provide a sample of your blood or breath under the "implied consent" statute. If you decide not to provide a sample of your blood or breath you may be charged with a "refusal" which carries additional punishment. The law has recently been clarified by the United States Supreme Court to require a warrant to draw blood in a refusal situation, unless certain criteria make getting a warrant difficult or time consuming. You need to discuss your case with a DUI attorney familiar with the warrant policy for the county where you were arrested.
Answered on May 08th, 2013 at 6:59 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Only with a warrant or implied consent - which means just that: consent
Answered on May 07th, 2013 at 11:06 AM
James Edward Smith
They need a warrant.
Answered on May 07th, 2013 at 11:06 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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A new supreme court ruling says no, unless they get a warrant.
Answered on May 07th, 2013 at 11:05 AM