QUESTION
Is it legal for police to take my blood against my will?
Asked on Jan 29th, 2013 on DUI/DWI - Michigan
More details to this question:
I was in Michigan in the City of Westland. The police pulled me over and I kept asking them why and they started being aggressive. I refused the test cause it was 2:30am and I was by myself. I never knew why they pulled me over until I read my paper work.
9 ANSWERS
Michael J. Breczinski
If they have a warrant then they can get your blood against your will.
Answered on Feb 01st, 2013 at 7:49 AM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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They have to obtain a search warrant to take your blood, unless you consent, and only if you refuse to take the BAC at the station. You have the right to refuse the pbt. on the side of the road, but if you refuse to take the datamaster which registers your blood alcohol content, they get a search warrant (really easy to obtain) and they take you to the hospital. However, if they find out you are a diabetic, they can take you to the hospital for a blood test without a search warrant.
Answered on Jan 30th, 2013 at 2:11 PM
if you refuse to cooperate with testing, they would be required to get a search warrant that compels you to give a blood sample. Simple answer, with a search warrant, yes.
Answered on Jan 30th, 2013 at 2:09 PM
Steven D. Dunnings
If they got a search warrant, yes.
Answered on Jan 30th, 2013 at 2:06 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It certainly is. It's called implied consent in Michigan. Westland cops are tough, but their prosecutors are reasonable to deal with.
Answered on Jan 30th, 2013 at 2:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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In Michigan there is an implied consent law which stated you will submit to tests if you are driving and there was a reason you came to the attention of the police. You need to speak with an attorney to determine if you have any issues which could be used in your defense.
Answered on Jan 30th, 2013 at 2:06 PM
Dennis P. Mikko
If you refuse the breath test, it is common for the police to obtain a search warrant to obtain a blood sample. If they had a valid search warrant, they can have a blood draw done by a qualified person for the purpose of testing your blood alcohol content.
Answered on Jan 30th, 2013 at 2:05 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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A warrant is required.
Answered on Jan 30th, 2013 at 2:05 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Yes, if you do not consent to the blood test or blood draw, the police can seek a search warrant and draw your blood without your consent. In Westland City, the police oftentimes will just get the warrant without asking for your permission first.
Answered on Jan 30th, 2013 at 2:02 PM