Can Police Take my Blood if I’m Arrested for DUI?

Posted Friday, December 22, 2017 by Andrew Charles Huff

The answer to this question is….it depends. If you were arrested for an alcohol related DUI, police must ask you first if you would be willing to take a breath test. If you refuse, then they can request a warrant for a blood draw from a judge. However, under the Implied Consent Statute you have only impliedly given your permission to test for breath.

If you decide to decline to provide a breath sample, the officer can contact a judge and request they sign off on a warrant authorizing your blood to be withdrawn. In this scenario, you don’t have a choice in the matter and your blood can be withdrawn without your consent.

Another way police can obtain a blood sample from you is if you agree or consent to provide them a sample. We normally advise that you not consent to a blood draw and call my office at your next opportunity at 206-729-3477.