For years, the question of whether or not police officers can draw your blood without consent has been a debate. The United States Supreme Court curbed the debate in 2019 when they clarified the constitutional limits for officers who want to measure the blood-alcohol levels of a suspect after a drunk driving arrest.
So, even though the state implied consent law mandates anyone driving on public roads to allow officers to perform a chemical impairment test when suspected of driving under impairment, you have the right to refuse.
If you think that your blood may have been drawn improperly, you should seek the counsel of DWI defense lawyers. These legal professionals can provide guidance and protect your rights in these situations.
Implied Consent Law and BAC Testing
Under the implied consent law, everyone who drives on a public road automatically pre-agrees to perform a BAC test whenever required. This is usually in connection with DWI investigations. There are several ways that this test can be carried out. The three most common methods are
- Breath
- Blood
- Urine
Usually, when the police stop a suspected drunk driver, they try to assess the driver’s blood alcohol concentration (BAC). The Blood Alcohol Concentration (BAC) is the amount of alcohol in an individual’s bloodstream. This can be done in a variety of ways. One of the most accurate and scientifically-proven ways is to take a blood sample.
The results from these tests are used to determine the level of alcohol intoxication. The higher the BAC, the higher the intoxication. In most jurisdictions in America, the legal limit allowed for driving under the influence of alcohol is a BAC level of 0.08%.
When a driver’s BAC level goes beyond this limit, law enforcement will file a DWI charge against him or her. Depending on the circumstances, the severity of the penalties may vary. Common penalties associated with this criminal conviction include:
- Monetary fines
- Loss of driver’s license
- Jail time
- Community service
- Home detention
- Alcohol education classes
Right to Privacy
Several legal codes impact BAC testing in any state. The implied consent law indeed demands that you agree to take a BAC if requested by a police officer after a lawful arrest for a DWI. There are limitations to these demands.
After carefully considering the nature of a BAC, it can be argued that it significantly intrudes on one’s privacy. This violates the Fourth Amendment Rights that protect against unreasonable searches and seizures by law enforcement.
Drawing blood from a person is a type of unreasonable search and seizure under the Fourth Amendment and therefore requires express permission to be drawn. Unlike a breath test, a blood test reveals an immense amount of sensitive information that can be examined, manipulated, and even stored.
The Place of a Warrant
The police do indeed have the right to choose the type of test they administer. However, when it comes to a blood test, they need a warrant from a judge to do one. The only exception to getting a warrant is when the circumstance is urgent. Very few DWI cases are considered urgent.
If the court or a judge believes that a blood test is necessary, it can issue law enforcement officers a warrant for a blood test. Once this warrant has been issued, these officers are within their right to apply force where necessary. For most cases of a misdemeanor DWI, this is very unlikely. On the other hand, when an accused fails to comply with the court order, it may be cited as contempt of court or resisting the police.
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