My 17 year old daughter was arrested

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My 17 year old daughter was arrested

My 17 year old daughter was pulled over for having things hanging from her rear
view mirror. Upon pulling her over they determined that she was driving while
high. They arrested her and took her to the hospital for a blood test. Then took
her to jail. My question is can the police and hospital do all that without even
contacting me?

Asked on August 27, 2017 under Criminal Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

My research suggests that without consent, an officer has to get a warrant in order toobtain a blood test for purposes of providing a sample (the officer does not, however, need a warrant in order to demand that the driver take a breath test). Since it is not clear whether your daughter gave her consent, you may or may not have a case. As to her being a minor, the courts require that an arrestee’s consent be voluntary to justify a warrantless blood draw. While their age and a parent’s presence are relevant, these factors are not necessarily determinative in assessing whether or not consent was voluntary under the circumstances. At this point, you should consut directly with a DUI attorney in your area; they can best advise further after reviewing all of the facts of the case.


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