Q: If I am not on probation or parole and am placed under arrest can I be searched and be given a blood test?
I was placed under arrest for DUI while not in the vehicle and the keys not in the ignition in my own driveway. Police were called by neighbors because; I thought I was in park and was not reached over to grab two pizzas in the seat next to me my foot left the brake as my vehicle ran into my own garage door I then passed out woke up to neighbors knocking on my window I got out told them I was fine grabbed the pizzas went inside dropped them off and went back outside to see the damage to the garage door Police officers showed up put me through the DUI field tests arrested me and they placed the cuffs on me then went through my pockets they found a personal bag of cocaine, they then went through my vehicle found a tire checker club that you can buy at any truck stop and are charging me with felony weapon, they then forced me to take a blood test back at the jail and stuck a needle in my arm ( I hate needles) and took my blood while never giving me the opportunity to give a urine sample.
A: You have a lot of potential issues, you should contact at least one local DUI defense attorney to discuss the facts of your case, possible defenses and likely outcomes. Your issues range from reasonable suspicion to initially contact you in your driveway to the blood test, each point along the path from initial contact to arrest requires specific facts to move from point to the next, a lawyer should know what to look for and how to fight for you.
A:
more info needed
if they can tie you into the car and driving and you appear to be under the influence, they can probably order you to take a breath or blood test.
if you refuse they will get a judge to sign a bench warrant and it is a forced blood draw AND
you will lose your CDL for 1 year.
A: Under the implied consent laws, a person who wants to drive is deemed to have consented to a warrantless seizure of their blood or breath.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
