Skip to main content

If you are arrested for dui and have taken a breath test is it legal then for the police officer to take a blood sample

Kenai, AK |

my friend was assrested on july 4 was given a braeth test then taken to the polcie station held down and the police drew blood from her.

+ Read More

Attorney answers 2


Police can use reasonable force to get a blood sample if the suspect refuses a chemical test. Your question is very vague and there is much more we'd need to know to answer completely.

Was the breath test a preliminary screening test or an "official" one? Was the person unable to complete two breath tests as required? Did the officers feel that the results of the breath test weren't matching up with their observations, making them suspect drugs as well?

Too much is missing from your question to answer accurately.


Most of the time the answer is yes .The police can make you submit to a blood test as well. The reason for a blood test is to search for drugs.I am concerned about the comment that your friend was held down and the blood was drawn. I don't have eough information on that question. Such as what was the charge or was there a search warrant.Under the general rule two blood alcohol tests does not give you a get out of jail free card.

Get Avvo’s 3-part DUI email series

A roundup of the best tips and legal advice.

DUI topics

Recommended articles about DUI

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer