I'm often asked, can cops just take my blood if I am arrested for DUI?
The answer is that it depends upon the circumstances of your arrest. If you were arrested for an alcohol related DUI, the cops must ask you first if you would be willing to take a breath test and if you refuse, then they can request a warrant for blood but under the Implied Consent Statute you have only impliedly given your permission to test for breath. RCW 46.20.308.
When you refuse a breath test, the officer then must request that a judge sign off on a warrant to require your blood. If signed by a judge (telephonically or in person) the officer then has the authority to take your blood by any means necessary. Yes, this means you can be literally strapped down and then your blood may be taken.
If you were arrested for a DUI wherein the officer suspects some narcotic was being used (think, marijuana, cocaine, etc.), then the officer, with probable cause, may request a warrant from a judge.
The only other way the cops can obtain a blood sample from you is if you agree to give them your blood via consent. Consent is an exception to the warrant requirement. It is advisable you do not consent to a blood draw and that immediately after you have been informed you are under arrest that you request to speak with an attorney.
See our video discussing this topic here:
If you have been arrested for DUI and are here searching for answers, give us a call to schedule your free DUI consultation today!