DUI law in some states allows the issue of a search warrant for a forced blood draw if you fail to voluntarily submit to a blood or breath test.
In states that permits a forced blood draw, it wouldn't be a wise choice to refuse a breath or blood test. Regardless of your refusal, the police will obtain a warrant and draw your blood anyway. Implied consent laws makes a separate offense for chemical test refusal, imposing additional penalties, and obtaining the evidence.
Understanding the 4th Amendment Relative with a Forced Blood Draw
The 4th Amendment of the United States Constitution prohibits unreasonable searches and seizures. Blood extraction certainly qualifies as search and seizure, so withdrawal of blood for purposes of DUI testing must be reasonable. Federal courts have determined that the process is reasonable under certain conditions, although blood extraction procedures varies from different states. A DUI suspect must be under arrest. Also, must obtain a warrant first.
The 4th amendment requires that search and seizure warrants sanctioned judicially, supported by probable cause. Although limited in scope, specifically state the person or place searched and the items seized. The warrant must establish that the police have probable cause to believe a person is driving under influence (DUI). However, if unable to meet these requirements. An experienced defense attorney will file a motion to suppress blood test results.
Check local chemical testing statutes to determine whether warrants and forcible blood draws, according to your state. If arrested for DUI, and the taken of a blood sample as a result of a warrant, contact an attorney immediately for more information.