Can Police Take My Blood Without a Warrant?


If you have ever been pulled over on suspicion of drunk driving, you are probably aware that law enforcement officers are allowed to conduct a breath test to determine if your BAC levels are above the legal limit. This is not the only type of test that can be used to determine whether or not you have had too much to drink, however. Blood tests are another method for officers to determine whether you have had one too many. The difference between these two types of tests is vast and it is important to understand your rights when it comes to what police are permitted to do.

If a police officer asks you to submit to a blood test, you have a right to refuse. Without a warrant, the police are not allowed to take your blood. This was deemed too invasive by the Supreme Court. Refusing a breath test could result in certain penalties but it is within your rights and could protect you from needlessly incriminating yourself.

As with every rule, there are some exceptions. For example, if a suspect is unconscious, recovering from injuries or is being treated for damage to internal organs, these situations do not provide for breathalyzer options. As such, law enforcement officers might be able to take blood without a warrant, though it is still possible such evidence might be suppressed.

DUI attorney in Memphis

If you were arrested in Memphis for a DUI, this is considered a serious offense and can pack some severe penalties and punishments, even for a first-time offender. At the Law Office of Stephen R. Leffler, P.C., our criminal defense team has over 30 years of experience in helping clients navigate the confusing and taxing process of such charges. Do not hesitate to reach out to us today.

Call our office at (901) 509-9112 to schedule a consultation and learn how we can help protect your future.

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