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Can i sue the city of lawton and or the hospital for taking my blood after i refused and was not legally arrested ?

Lawton, OK |

i got into a wreck while drinking and driving the person that we got hit by was also drinking and driving but he passed the the test at the scene and did not go to the hospital me and my wife were taken to the hospital and there they forced me to take a blood test literally 8 people held me down and handcuffed me to the bed and forced a needle in my arm and i felt as if i was raped for my blood what are my options ?

Attorney Answers 3


Horrible. you should see this article:

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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Interesting article.

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There are several ways for OK to take your blood without your consent. If you were unconscious or incapable of giving consent, then the consent is implied and they will take it but you can later withdraw the inmplied consent. The other way is if there has been an accident with serious bodily injury or death to another person, then they do not need your consent. Also, if they obtained a warrant, they can take your blood without your consent. It is quite possible that you may have DUI charges coming down the road, ( or worse if there was serious injuries) and thus, I would highly suggest you contact a lawyer to discuss his matter in further detail so steps could be taken to protect you down the road if required.

Answers to AVVO questions are for general purposes only and do not establish an attorney-client relationship. This answer is not a substitute for legal advice and should not be relied upon without a full consultation with an attorney that can fully look at issues involved.

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