You’ve been arrested for a DUI. You have done exactly what any good defense attorney would say you should do: you have refused field sobriety tests, you have refused a blood or breath test and you haven’t answered any questions regarding where you are coming from or how much you’ve had to drink. The officer, however, places you under arrest for suspicion of driving under the influence of alcohol. And even though you’ve refused all of the officer’s tests and questions, you may still not be out of the woods. That is because, in some counties, under some circumstances, that officer might tell you that he is going to ask for a search warrant to obtain a sample of your blood. In my experience, search warrants for blood are usually only sought in cases where a felony DUI is possible. You will hear about rare circumstances where a county will set up a roadside-style operation where a nurse or phlebotomist will be on-scene to take blood after a search warrant is sought, regardless of the class of offense. The truth is, there is little that you can do in that moment to avoid a blood test if the officer has obtained a search warrant for your blood. The good news, in a manner of speaking, is this: if you have refused to submit to a breath test, and if you have refused to submit to a blood test, then the officer must obtain a search warrant if he wants a sample of your blood to strengthen the DUI charges
against you. Officers are required to obtain a search warrant, generally speaking, except if there exist exigent circumstances. The Supreme Court has ruled that the fact that the alcohol concentration in your blood is likely dissipating as time passes does not qualify as an exigency that allows the officer to take your blood without a warrant. This means that, instead of simply taking you to a hospital or having a phlebotomist come to you to take a blood sample, the officer must draft a search warrant, have that search warrant signed by a Judge, transport you to a hospital, and wait until someone is free to take your blood. Meanwhile, more time passes between that last drink and your blood sample. If you have been arrested for a DUI in Cook, DuPage, Kane, Lake, or Will County, you need an experienced attorney to fight for your rights and the best possible disposition in your case. Call the attorneys at John W. Callahan, Ltd. for a free consultation today.
- Posted by Schaumburg DUI lawyer John W Callahan