Blood Draw For Investigations: Consent and Permits

A blood draw is done by the police officer to investigate the intoxication level and type. The investigation helps the officers to determine the alcohol or drug toxicity level in the subject’s blood. However, there are State and Federal laws to regulate these processes.
Can officers perform a blood draw forcefully to investigate?
If you are caught driving improperly or breaking the traffic laws, the police officer can ask you to perform an alcohol test. The basic test done commonly is the breathalyzer test. If found guilty, the Court can take necessary actions such as withholding the license for a certain period or imposing fines.
But if you do not consent to a breathalyzer test and do not provide consent for the blood sample draw, the officer cannot perform the test forcibly.
The officer must apply for a blood search warrant which will be reviewed and issued by the judge. Upon obtaining the , the officer can carry on with the process of the blood sample drawing with the assistance of a nurse.
To facilitate the process of the blood search warrant, the officer is bound to restrict time limitations and the blood must be drawn within a specific time by certified medical staff at the detention center or a local hospital. The judge can review the provided application remotely in real-time and issue the warrant. This ensures actions within the legal timeframe to secure a blood search warrant and draw the blood sample.
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