QUESTION
Can police ask for consent to blood test in my sleep?
Asked on Jul 15th, 2014 on DUI/DWI - Michigan
More details to this question:
Good afternoon. I was arrested for OWI. I was given all the OWI test and failed. The officer asked me if I had taken anything. I told him I was on medication (Ambien) and then fell back to sleep. They had me sign a consent form to withdraw my blood in my sleep, is this legal? The charges were dropped.
6 ANSWERS
Michael J. Breczinski
No it is not legal. That is why the charges were dropped.
Answered on Jul 22nd, 2014 at 6:20 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I don't understand how you could give consent or sign in your sleep. Either you are awake or you are asleep. You would have to be conscious to give consent. You may have a valid defense that could get your case dismissed. Seek out a consultation with an experienced DUI/OWI attorney in your area at once.
Answered on Jul 18th, 2014 at 4:39 AM
As long as your consent was freely and voluntarily given while you were conscious, I wouldn't think it would make any difference whether you are awake or asleep. Had you not given consent and they had drawn blood while you were sleeping, this could have been a battery charge, but you would still have to get over the large hurdle that is governmental immunity.
Answered on Jul 18th, 2014 at 4:38 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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What are you attempting to do, if the charges were dropped it would seem there are no damages.
Answered on Jul 16th, 2014 at 8:09 PM
Criminal Defense Attorney serving Southfield, MI
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Law Offices of Ezra N. Goldman P.C.
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If the charges were dropped, what is the issue?
Answered on Jul 16th, 2014 at 8:09 PM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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If the charges were dropped that's great! Legal? Perhaps not; however, I doubt if you will find an attorney to pursue a civil case since the charges were dropped. Sorry it happened to you though.
Answered on Jul 16th, 2014 at 7:59 PM