Can An Officer Take Blood Even After a Refusal To Give It?

If you refuse to take a breath, blood, or urine test offered by the police officer after your arrest, he or she cannot take it without your consent. However, in almost every case, an officer will seek a court order, or warrant, for the involuntary taking of your blood by a qualified medical professional. It this case, it would not be illegal for the police to forcibly restrain you at a hospital while a nurse draws your blood. That blood will be set to the Michigan State Police crime lab for analysis of blood alcohol content. However, bear in mind that the proper protocol for taking your blood and for testing it must be done legally in order for the results to be admitted against you in court. Contact Attorney Joseph Awad for a review of your case and an initial determination if the blood draw in your DUI case can be challenged or thrown out.

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