If you have been arrested for a DUI and forced to take a blood test, there are some instances where you may be able to have the test excluded. There are a variety of legal grounds under which your attorney may be able to challenge a forced blood draw, primarily because police officers who are drawing your blood are not medically trained professionals. The officer who took your blood could possibly be improperly trained, or could be lacking the necessary certifications necessary for blood draws. Yes, you should definitely be concerned if you’ve been arrested for DUI, however hiring an experienced DUI attorney can lessen the impact such an arrest can have on your future.

The Trend Toward Forced Blood Draws

DUI suspects are more and more being forced to have their blood alcohol content measured, handing over, in effect, what is possibly the most incriminating evidence against them.  Campaigns known as “no refusal” campaigns are more common. These campaigns tell drivers who are suspected of DUI to either submit to an alcohol breath test or you will be forced to take a blood test. There is a certain risk to your health during such a procedure as inexperienced officers drawing your blood can injure you or expose you to infection. It’s highly likely that we will begin to see more and more personal injury suits as a result of these forced blood draws.

Individual State’s Position on Forced Blood Draws

Both Arizona and Texas actually allow the officer to hold you down and take blood samples against your will, however one Dallas attorney is challenging such procedures, arguing that police officers have no medical training and would not know what to do should something go wrong. The officers in these states are required to undergo approximately 20 hours of training on the basics of a blood draw, but there are many circumstances they would be completely unprepared to deal with such as a person who is on blood thinners.

California also allows officers to hold you down against your will, however they do require that trained medical personnel actually perform the blood draw procedure.  Contrary to trend of most states, the Florida appellate court has ruled that law enforcement officers are not authorized to forcibly draw a driver’s blood during a misdemeanor DUI investigation. In general a first or second DUI is considered a misdemeanor while in some states a third DUI can be considered a felony charge.

Fourth Amendment Violation?

The Fourth Amendment to our U.S. Constitution provides our right to be secure in our person against unreasonable search and seizure. It is generally accepted that the purpose of this Fourth Amendment is to impose a certain level of reasonableness upon governmental officials and law enforcement agencies to safeguard the privacy and security of our citizens. The Fourth Amendment does not, however, guard against all intrusions, only those which are deemed to be unjustifiable considering the circumstances, or those which were conducted improperly.

In the case of forced blood draws, the courts state that law enforcement must have a clear indication that incriminating evidence will be found (a high blood alcohol content), there must be exigent circumstances such as destruction of evidence (BAC will go down as time passes) and the method used to obtain the blood sample must be “reasonable.” Unfortunately, these strictures can be interpreted in a fairly broad manner, meaning essentially that without an extremely experienced and tenacious attorney by your side you may have no alternative but to let the state use a forced blood draw in the case against you.

When you have been charged with a criminal offense, you want an experienced Pittsburgh DUI defense lawyer protecting your rights every step of the way. I am attorney Michael V. Worgul, and from my offices in Pittsburgh, I have dedicated my entire career to criminal defense. Having handled over 1,000 cases, I know what to expect in court and I am not afraid of a challenge. To start your case call 1-855-DUI-CRIM today!