Can the police take a blood or urine sample from you at the hospital without your permission
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Can the police take a blood or urine sample from you at the hospital without your permission
I had car accident where I hit a couple
mail boxes I was taken to the hospital
by EMS where the hospital said I had an
overdose
Asked on May 15, 2017 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
As a general rule, a police officer must first obtain a search warrant before they can force you to give a blood sample in the course of a DUI investigation. However, there are exceptions to this. The first is for the police to get a blood draw if the driver consents to it; the second is where the driver is in accident that involved fatal or serious injuries to other parties or serious injuries to the driver; or third is if the driver is taken to the hospital after the accident and takes the driver's blood for medical purposes, then the state can later subpoena the hospital's records to help prove that the driver was DUI. Additionally, a urine speciman cannot be forced but your driver's license can be suspended for refusing to provide such a sample after being arrested for DUI; the same is true for refusing a blood test.
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