Legal Question in DUI Law in Indiana

Taking blood without consent

My son was involved in a auto accident in October. No

one was seriously injured, how ever my son was pinned in the car and knocked out. He was taken to the hospital, checked and released. Last week he was charged with 2 counts of DUI, and one count of possession, a call to the Prosecuting Attorney revealed that they had found traces of marijuana in his blood. My son admitted to me that he had smoked some the night before, nearly 20 hours before the accident. He has no memory of the accident, giving any blood, or being asked any questions by the police.

Can the information contained in the test be used to charge him?


Asked on 1/27/02, 11:51 am

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Taking blood without consent

I'm afraid the answer is yes. Under such conditions a blood draw and results of it's testing have been upheld. However,there may be other issues to consider such as a proper chain of custody which could impact it's admissibility.

Should you wish to discuss this further you contact me through my web site at www.tambascolaw.com or calling at 317 686-0000

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Answered on 1/27/02, 2:44 pm


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