I was arrested on suspiciose of drunk driving. I couldn't take their stupid little test because I had a bad cold. Since I wouldnt take their test because of my illness they took me to the hopsital and drew blood against my will. Isn't that assault and also stealing because they took my blood without my permision.
2007-03-28 08:28:31 · 27 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
My only experience with anything like this was in the state of Texas, and in Texas they cannot take blood from you unless a) you ask for them to take blood , in lieu of a test by breathalyzer, or b) in the case that someone has been seriously hurt, or killed. So, I do not know if that is different in other states but I do not think that your blood can be taken without a judge's order, as well it should be. Even though most people, me included do not want drunken people driving around unchecked, unusual search and seizure is prohibited by the constitution. Also, for the people that said that singing for your license gives the state the right to take blood are wrong, state law cannot supersede the Constitution., and the right not to incriminate one self is also covered by that.
2007-03-29 10:28:36 · answer #1 · answered by Frank R 7 · 2⤊ 0⤋
Different states have different rules and laws governing when and under what circumstances they can take blood against your will. Since blood is evidence - and it is evidence that is metabolizing and destroying evidence every minute - they do not even need a warrant, only good cause to believe that there is evidence of your impairment.
In my state some agencies do not permit the forced drawing of blood except in very rare circumstances. And even then the manner in which the blood is drawn MUST be in a medically acceptable manner and the force must not shock the conscience of the court (in other words, the force must be reasonable).
The nice thing about a refusal and then obtaining the forced blood draw is that not only does the driver lose his license for a time due to the refusal, but the state still obtains the evidence to use at trial against him. In the event that the driver is somehow found "not guilty" of the offense at trial, he or she can still be subject to the administrative suspension for the refusal.
So ... Yes, you can sue, but you are not likely to win. You can sue anyone for anything if you have enough money to waste. In this case, unless your state specifically prohibits the forcible drawing of blood (doubtful, since they though to do it) your suit would likely be tossed out almost immediately.
Consult local counsel to assist with any defense or in a plea bargain.
- Carl
2007-03-28 09:43:21 · answer #2 · answered by cdwjava 3 · 0⤊ 0⤋
It depends what state you are in. Check the laws. For one, I can tell you were intoxicated because you stated "stupid little test" and made excuses, "bad cold." Under my state law if you refused the "stupid little test" you are automatic DUI. An officer can take blood if you request and have the money. An officer in my state may take blood without your consent in my state if you had caused an accident resulting in serious bodily injury or death. If you haven't caused an accident in my state you can refuse the blood test but again it is an automatic DUI. My advice is to quit whining and be a man or woman, you are most likely guilty with your attitude the way it is.
2007-03-28 10:26:59 · answer #3 · answered by william74044 3 · 1⤊ 0⤋
It probably depends on the state. You should contact an attorney, you might have a case. In Florida the only time they can forcefully take your blood is if you were in an accident that resulted in a serious injury.
"D. Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses."
2007-03-28 08:37:05 · answer #4 · answered by Dean 3 · 0⤊ 0⤋
Actually they can not take you to the hospital and draw blood against your will, at the hosptial you had to sign a consent form.
But also no, since you refused to take the field sobriety test there is a implied consent, so you are assumed guilty if you refuse to take the test. And I would assume your attitude with the officer most likely moved it from a ticket to a arrest.
But no you have no case at all.
2007-03-28 17:07:31 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No...you can't sue for this. Did you take the field sobriety tests...ie; walk in a straight line, stand on one foot and look straight up, ABC's??? They had probable cause to arrest you for suspicion of drunk driving. And in most states, when you drive a vehicle, there is something called implied consent. Which means that when you get your license and drive a car/truck, you give consent to a breath/blood test they have suspicion that you've been drinking (swerving, failure to maintain speed, lane travel, etc.), usually confirmed with FST's. In most states, if you fail to give this breath/blood test, you will lose your license with the DOL.
2007-03-28 09:06:13 · answer #6 · answered by Jon L 2 · 0⤊ 0⤋
No. You were unable to complete the SFST which gives them the right to arrest you. If you refused to provide a breath sample, it is a chemical test refusal. They can then draw your blood, but would more than likely need a search warrant to do it. Either way, it sounds like you were in fact driving under the influence, whether it's OTC medications, illegal drugs, or alcohol.
2007-03-28 08:59:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
No, you refused to take a breathilizer on medical grounds therefore they accounted by this through a blood test. When a test is ordered to determine a material fact in a criminal case it is not illegal, especially when the police have probable cause - and in any case of drunk driving the police do have such cause.
Stop having disdain for the police and just face the facts buddy.
2007-03-28 08:36:43 · answer #8 · answered by aristotle1776 4 · 0⤊ 1⤋
You have a drivers license? If you do then you have signed a document saying you WILL provide a sample. You cannot refuse to take a blood test. By law police can draw blood from you. There are penalties for refusing such as license revocation.
2007-03-29 07:47:33 · answer #9 · answered by Andy 2 · 0⤊ 1⤋
I find it really funny that ALL of the jerks who get caught doing something against the law suddenly start screaming "civil rights", police brutality, "they have it in for me" and stuff like that there.....
A bad cold is no reason to refuse the test. When you do refuse it, they have the right to arrest you and take you in.....and do a blood test.
Stop drinking and driving and you won't have a problem. See how that works?
2007-03-28 08:35:19 · answer #10 · answered by Anonymous · 1⤊ 2⤋