I just unfortunately received my 2nd DUI. It's been almost 2 weeks since the arrest was made and I finally came to grips with what I had done and read through all the paperwork that was given to me when I was released from my County Jail. In looking at the paperwork they gave me from when they drew my blood, and comparing it to the copy of the OWI search warrant for requesting the right to draw my blood from the Judge, the warrant was signed, dated, and clocked almost a half hour after they drew my blood. I don't remember much, but I do remember asking the officers if they had a warrant at the time they drew my blood and which judge it was signed by and they answered yes then gave me the judges name. The officer even noted on the paperwork that my response to them asking me if they could draw my blood was "I better have an attorney." Is it legal to draw blood before a warrant is issued?
Sounds like you have a great suppression issue. Get to hiring an experienced and aggressive attorney to make your case for you. Good luck.
As phrased, the answer to your question is no, however, as usual the devil is in the details, specifically exactly what paperwork you are looking at. It sounds like the "paperwork" you are referring to might be the Informing the Accused form, read before requesting a blood test under the Implied Consent law. The officer would normally get an answer of other than "yes" from you to the question on the form before applying for the warrant, and the time on that form likely relates to the officer's completion of that form rather than the time of the blood draw. You would not have received a copy of the Blood/Urinalysis form the night of the arrest, as it is sent to the lab with the blood sample(s) That is the form that will have the time of the draw on it, not the Informing the Accused form.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
Hire a lawyer, if you can't afford one then you need to go to the Public Defender's office ASAP. This isn't something you should be trying to handle on your own or based off of free advice from lawyers who have never seen the actual paperwork and warrant in this case.
You need a lawyer. The clocks could be off so you should get a lawyer as soon as possible. I have had that happen to me in one of my cases. Good luck
The carbon copies of the search warrant given to you may not be accurate and the electronic signature is probably more important than the paper one. I'm not sure which one you were looking at, but as noted, you might have a suppression issue worth pursuing, However, even if the timing was off a little, these days there is a "good faith exception," which tends to swallow up most other rules, which will probably allow the evidence in if the officers thought that they had a signature in good faith when they drew the blood, especially if that was soon followed by an actual signature. Go over all of this with your lawyer, who might be able to at least get you a better offer from the DA (i.e., less jail), in consideration of your waiving the defect, since you can otherwise get up to six months jail on a second offense, depending upon your BAC and driving.
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