DUI law in some states allows a search warrant to be issued for a forced blood draw if you fail to voluntarily submit to a blood or breath test.
In states that permits forced blood draws, 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 evidence will still be obtained.
Understanding the 4th Amendment Relative to a DUI
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, and a warrant must first be obtained.
The 4th amendment requires that search and seizure warrants be 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). If these requirements are not met, 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 you have been arrested for DUI, and a blood sample was taken as a result of a warrant, contact an attorney immediately for more information.