More details to this question:
Just recently, I was arrested for suspected owi after being in an auto accident with head and facial injuries and was never offered medical assistance. Police gave fbt and stated I failed the heel to toe. Once at the precinct I gave a BAC. .22. Shortly after 3 1/2 hours of being in police custody they realized I was bleeding in my mouth (needed stitches form the auto accident). Now they get a search warrant to draw blood. Is this legal? How is it possible they get a second bite at the apple? Also note while at the hospital as blood being drawn they warrant hadn’t been signed. Is this in violation of my 4th amendment.
6 ANSWERS
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
You will need to have an experienced DUI attorney review the entire case file to see if there are any problems that could get the charge reduced or dismissed. They can seek a court order to get a blood draw if you refuse, but it has to be within a reasonable time and done correctly. A lot is at stake so don't try it alone.
Answered on Mar 12th, 2013 at 10:42 PM
3 Awards
The good news is that the first blood draw probably is not valid due to blood in the mouth. This means that we should be able to win the DMV hearing and you would not lose your license. If a judge approved a warrant, they can draw blood again. But, there may be an issue with the signing. If so, this may keep out the blood results.
Answered on Mar 12th, 2013 at 8:37 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
Yes, a blood draw is legal. In most states, any time there is an injury accident, there is a blood draw.
Answered on Mar 12th, 2013 at 8:35 PM
Michael J. Breczinski
Well if the warrant had not been signed then the blood draw was illegal. And if there was blood in your mouth it probably makes the first alcohol test invalid. Get a lawyer.
Answered on Mar 12th, 2013 at 8:35 PM
Automobile Attorney serving East Lansing, MI
at
Nichols Law Firm PLLC
Update Your Profile
You definitely have some evidentiary or even legal issues that need to be explored. Contact a qualified DUI attorney immediately.
Answered on Mar 12th, 2013 at 8:34 PM
Under GA laws, search warrants can be used in a DUI investigation if properly applied for and executed. We are seeing this more with refusal situations, but I can see how the arresting officers would try to use a warrant in your case. Still, their can be many issues to attack. Speak to good DUI lawyers in your area- the issues you mention are very specific to DUI.
Answered on Mar 12th, 2013 at 8:34 PM