Legal Question in DUI Law in Kentucky

Blood alcohol level and DUI

Can an officer force you to have a blood alochol level drawn when arrested for DUI without your awareness of what they are doing or without you consulting your attorney? When arrested the person was taken to hospital for injuries during arrest and a blood level was drawn. The injury did not require a blook draw.


Asked on 5/28/02, 8:09 am

1 Answer from Attorneys
Bryan LeSieur LeSieur Law Office

Re: Blood alcohol level and DUI

KRS 189A.103 says ifyour are unconscious blood alcohol can be tested and it is presumed that you have not withdrawn your consent.

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Answered on 5/28/02, 8:48 am


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