Everyone knows that if you consent to a breathalyzer or blood test, the results can be used against you. Also, everyone knows that in most states, refusing to take a breathalyzer is itself a crime. However, most people think that if they refuse a blood test, the police have to get a
search warrant to get a blood sample from you. In many states, there are ways around this.
In Florida, for example, if a suspect is taken to the hospital, they often draw blood as part of their protocol. The reason for the blood draw isn't so much to have evidence for the police, but to clear the individual of any medical issues so the police may take them to jail.
The blood that was drawn for this purpose can be analyzed for toxicological results and the data is, of course, stored. A subpoena can
later be issued to obtain those results.
If you live in Burlington, Essex, Colchester, Winooski, Williston,
Shelburne or anywhere in the State of Vermont, and have been arrested or
charged with DUI or any crime, call Handy Law for aggressive and
experienced legal defense.
Blog
05Nov 2019