Wouldn't it violate our constitutional rights against unlawful search and seizure? Especially without a warrant.
If they do take your blood for a blood alcohol analysis where does their rights to use this end? Can they then submit it for a record to have your DNA on file for future use of any government organization. Is not my blood my personal property?
This is going to be a long and legally treacherous road and I want to know my rights when put in this position.
Taking blood at a checkpoint would certainly be flying in the face of the Fourth Amendment, although sobriety checkpoints have been found to be legal under the federal Constitution. Even after you've been stopped at a checkpoint though, the officer needs to form probable cause for DUI before asking you to submit to an alcohol concentration test. You are not legally obligated to answer the officer's questions (other than identifying yourself), nor are you required to submit to field sobriety tests or a handheld portable breath testing device (PBT).
I would suggest consulting with an experienced DUI attorney in your area. There are many good ones here on AVVO. Just 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.
In light of recent Supreme Court decisions, certain states enacted "no refusal" blood draws for the Labor Day weekend. There still should be probable cause, however.
The DUI practice of drawing blood after refusal is a practice that is happening in some cities. I would love to find the right case to challenge it, but of course it would have to have the right facts and the means as well to fight it
The law office of Anders Ferrington 601-316-8428 practices state wide. In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but instead need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice.
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