Is it Legal for Police to Draw Blood in the Event of a DUI?

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      Is it Legal for Police to Draw Blood to Test for Alcohol if Driving Under the Influence is Suspected?

 It is important to know your rights and understand what you can and can not do in the event you are stopped for driving under the influence or involved in driving under the influence and getting into an automobile accident. One common query is: Are the police legally allowed to draw blood or do I have the right to say no?

How Police Can Legally Obtain Blood Samples:

The Florida Court ruled that in a typical DUI accident case, the police can legally obtain blood samples in one of two ways:

1      By getting a search warrant for the blood of the person who was driving the car; or

2      By getting consent from the person driving the car, and as a result, police can obtain a blood sample from them

What Do I Say or Do if Police Want to Conduct a Search?

If you have been involved in a traffic accident, you have no control over the police officer’s decision of to obtain a search warrant.  In addition, you do not have control over the existence of exigent circumstances.  However, you do have control over whether you agree to let the police have a sample of your blood or not.  It is always your right to “just say no”, even if the police ask you to give a blood sample.

– “Do you understand your rights as I have read them to you?”

– “Yes I do.”

– “Will you submit to a blood test?”

– “No, I’d rather not.”

If law enforcement does not follow the laws and correct procedures, an experienced DUI defense lawyer can help get the DUI charge significantly reduced or dismissed. Furthermore, if you have been in a less serious accident and were asked for a blood draw you should consult with a skilled DUI defense attorney to give you legal advice and protect your rights.

DUI Palm Beach Gardens

Ron Chapman practices criminal defense in both State and Federal Courts within the State of Florida. Since 1990, Mr. Chapman has been representing people who have been accused of committing various types of crimes and can help. Please visit us at

If you are facing criminal charges or having legal troubles in Florida, Ronald Chapman can help.

You can also connect with him today at Ron Chapman, an experienced criminal defense lawyer dedicated to defending your rights and giving legal advice. Contact him today at (561)832-4348 to begin to discuss your case.


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Ron S. Chapman, P.A.
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West Palm Beach, FL 33401