Can you fight a warrant to draw blood after your refusals? Is it okay for an officer to delay your medial attention for warrant

Asked 11 months ago - Tacoma, WA

When pulled over complained of chest pains officer arrested me for DUI and took me to police station first still refused test. he obtained a warrant to draw my blood again I stated I refused. Is okay for an officer to delay my medical attention to obtain a warrant to draw the blood? Is it against my constitutional rights. Also officer never stated that I complained of chest pains in police report, although at the hospital my paperwork states that is why I can in. I never have seen the search warrant just told that their was one.

Additional information

It was not a search warrant, Sorry just a warrant for blood.

Attorney answers (4)

  1. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You have a lot going on here and may have some issues. I suggest you consult with an experienced DUI attorney in your area. If you want to find one here on AVVO select "Find a Lawyer" at the top of the page. Best of luck.

    This is not intended as legal advice. No attorney / client relationship exists because of this response.
  2. Derek Anthony Patrin

    Pro

    Contributor Level 19

    4

    Lawyers agree

    Answered . It's not necessarily a violation of your rights for the officer to delay your medical care while trying to collect evidence, but there are other issues that look like they need to be litigated in your case. Get an experienced DWI attorney in your area ASAP. There are many excellent candidates on this website and they all have phone numbers listed on their profiles. Give a few a call and retain one that you're most comfortable with. Good luck.

  3. Malosack Berjis

    Contributor Level 20

    4

    Lawyers agree

    Answered . With regard to your inquiry concerning the delay of medical attention, these kinds of matters are very fact-intensive. You need to contact a competent civil rights attorney to discuss the specifics of your situation, and through their evaluation of the facts, he/she will help you determine whether or not you have a case. Just please be aware that when it comes to suing a public entity, the statute of limitations is shortened and there is a requirement that an administrative claim be filed first (so don’t waste time). And, as for fighting the warrant, you need to consult with a local DUI attorney ASAP.

    Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and... more
  4. Nicole Hankins

    Contributor Level 5

    1

    Lawyer agrees

    Answered . A lot of what you are concerned about maybe an issue for both a criminal attorney as well as a civil attorney. On the criminal side of the DUI, depending on the specific facts involved in your case (for example: if you admitted to drinking or consuming prescription or non-prescriptions drugs, if you displayed any indicators of consumption, etc.) these may have an effect on whether or not the officer had a legal basis to draw your blood which can be litigated through an experienced criminal attorney. There can be major administrative actions taken against your drivers license for a refusal that will need to be addressed as soon as possible. Whether or not you have a civil complaint against the law enforcement entity for denying you medical treatment is another question that will involve serious litigation and also partly hinge on whether you suffered any damage as a result of being denied medical attention. You should consult an attorney to discuss your options. Many offer free consultations.

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