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Forced Blood Draw for DUI.

Does anyone other state besides AZ do this. You have to get a telephonic search warrant if the person refuses to give blood, breath, urine. This leads to forcibly holding the person down who is already intoxicated and leads them mostly to become more violent or have force used against them. This leads to assaults against officers and increased IA complaints. When I was back East we charged them refusual to submit and DUI and they lost their license for 1 year automatically end of story. I cant believe they want to make us get hurt or sued for a stupid misdemeanor arrest.


  • NC has implied consent law. This only applies to unconscious. We can draw blood based on the implied consent when you apply for a license. With refusals we do suspend the license 12 months + 30 days but in some cases (Ie crash with injury) are required to get a search warrant for blood if they refuse. We had a project in my department specifically wanting warrants on all refusals. I had one who wasn't cooperative. Luckily a nice nurse was better a verbal Judo. The courts here are getting less reliant on Officer testimony and want dead pan proof. Guess we can't be trusted. We have dash cams and SFST, and suspension for refusal and it's never enough. My opinion is to reserve the warrant for more severe cases while we still have a choice exactly because of the reasons you mentioned. (we have to write a warrant ourselves, but it's a fill in the blank one for DWI).
  • We have been using blood draw search warrants for over a year. For liability issues we don't force the blood draw. If the subject refuses to provide a sample after a warrant has been issued then our judge holds them in contempt and sends them straight to jail. I respectfully disagree with Carl's remark about it being a "stupid misdemeanor arrest". Obviously Carl has never had his families life shattered by an intoxicated driver, I have. STAY SAFE!
  • This sounds mad. I'm a UK cop so whilst our DUI/DWI (Drink Drive) laws are a bit different, the basic option of you blow / give blood works very well. Even Hospital cases who are unconscious we can get the blood and then speak to them later and if they refuse they get a date at court to fight for their licence.

    Simple case should be if you have got nothing to hide then supply the breath / blood / urine.
  • Why would you fight with them, stick em in a restraint chair and you can take all the blood you like?

    South Dakota's Implied Consent Law basically states if you are driving and arrested for DWI you will give blood. No warrant required.
  • edited 3 Dec 2012
    Yes in Arizona we do search warrant blood draws. And we use LEO's trained and qualified in phlebotomy to do the draws. This has been in practice since 2001. Law enforcement phlebotomy is very successful in Arizona with over 800 phlebotomist. We take their license for 1 year for the refusal under admin per se and also gather our evidence through search warrant. airizona has a 98 percent conviction rate on DUI. We call it:

    Drive hammerd.........Get NAILED!!!!!

    Impaired driving is a murder in progress, unless you're lucky enough to be arrested before you find your victim.
  • >>Drive hammerd.........Get NAILED!!!!!<<

    I like that. In Ohio ours is "Over the limit, under arrest"
  • Ours in Colorado is 'Over the limit, under arrest' ... but I like the hammered one better! :)
  • edited 4 Dec 2012
    not a big fan of the National slogan ...."over the limit under arrest ". because it implies you have to be over .08 to be arrested for DUI ....In Az, we have impaired to the slightest degree, so you can be arrested for under a .08 there is no legal limit.

    .08 is the presumptive limit not legal limit.
  • In Florida we have a forced BD if there's a Serious Bodily Injury crash or a Fatality. I would not mind becoming a phlebotomist and doing blood draws. Unfortunately the Refusal rate is going through the roof with our non educated jurors and even judges sometimes. The prosecution community is allowing the defense community to control the courtroom and outcome of most DUI trials and its allowing these offenders to walk. There should be a forced draw if the arrestee refuses to blow. The year suspension is a joke and these offenders will drive anyway.
  • AzDRE2441 yeah the slogans always send the wrong message...which is why we still have jurors that do not understand a person can be impaired at .000. The rate of drugged driving is far exceeding the rate of impairment by alcohol only.
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  • In Ohio we've changed our terminology from "Driving While Intoxicated" or "Driving Under the Influence" to "Operating a Vehicle Impaired" (OVI), which covers any sort of impairment, including fatigue. I'm not sure if something like fatigue is prosecuted the same as alcohol or drugs, but it is citable
  • Az its just DUI: Driving under the influence, alcohol or drugs. we also have a charge of DUI drugs. We also have extreme DUI that is charged at .150 or supper extreme .200 or more. Both of these also get your car impounded for 30 days at the time of arrest. And we also impound for 30 on drugs or metabolites of prescriptions not prescribed to that individual in the system.
  • I love what we do. Not all of TX does it but my department does.

    -If they have 0 convictions and cooperate with the SFSTs, we won't get a warrant.
    -If they have 1 conviction and cooperate with SFSTs, but refuse a specimen, we will get a warrant.
    -If they have 0 convictions and just flat out don't cooperate we'll get a warrant.

    Then we have the mandatory blood draws where a warrant isn't needed. If you have 2 convictions, child passenger or cause bodily injury you're going.
  • here in florida, a paramedic has to be the one to do the blood draw using the special kit provided by the leo. if the suspect is taken to the hospital, the blood draw can be done by a medic, nurse, or physician using the kit the leo provides.
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