Legal Question in Civil Rights Law in Utah

Right To Not Give Information To Police

Can the police take blood without my concent or an attorney preasant. Is there such thing as a blood warrant for a D.U.I.


Asked on 9/02/02, 10:45 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Right To Not Give Information To Police

Yes. A warrantless blood sample taken at the direction of a law enforcement officer is permissible under the following circumstances: (1) the blood draw is taken to obtain evidence of intoxication from a person lawfully arrested for a drunk-driving related violation or crime; (2) there is a clear indication that the blood draw will produce evidence of intoxication; (3) the method used to take the blood sample is a reasonable one and performed in a reasonable manner; and (4) the arrestee presents no reasonable objection to the blood draw.

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Answered on 9/02/02, 11:26 am


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