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Under the Fourth Amendment to the U.S. Constitution and under state constitutional provisions, a person has the right to be secured in their persons, papers and effects. When police or law enforcement has administered a compulsory blood test, especially without a warrant, then there may be Fourth Amendment issues present such as those involving searches and seizures.
If you or a family member have been recently arrested or charged with driving while intoxicated and were forced to provide a blood sample without your consent, contact a drunk driving defense attorney today to discuss your case.
Although state have enacted implied consent laws that permit the use of force to take a blood sample for measuring the blood alcohol concentration (BAC) level of a suspected drunk driver under some circumstances, there are guidelines and standards in which law enforcement officers must follow.
Generally, law enforcement is permitted to compel a suspect to submit to a blood test, without a warrant under the following conditions:
As always, it is best to consult with a Drunk Driving Defense attorney who specializes in drunk driving law in your local jurisdiction. Most drunk driving laws are very technical and usually require the assistance of an attorney who often practices in this area of law.
Most local, state and federal licensing authorities have penalties in place for license holders who are arrested, charged, and/or convicted of a drunk driving related offense. Teachers, doctors, lawyers, and other professional license holders who face drunk driving charges may have their licenses suspended or revoked or face disciplinary hearings and other punishments. If you hold a professional license and have been arrested, charged, or convicted on drunk driving charges, you should immediately consult with a qualified drunk driving attorney who is experienced in dealing with the professional license aspects of the drunk driving charges.
The cost of a drunk driving attorney varies depending on the state, the severity of the particular drunk driving offense and the time spent by a drunk driving attorney in defending a charged driver. Many drunk driving attorney's charge a flat rate, while others may charge by the hour. It's not uncommon for a good attorney to charge hundreds per hour.
Although no guarantee can ever be made, a drunk driving attorney can be very helpful in getting your drunk driving charges dismissed. If the attorney cannot get the charges dismissed, he or she may be able to reduce the charges to a less severe crime. There are many attorneys who specialize in drunk driving cases and are both knowledgeable and experienced with drunk driving and related cases.
Criminal defense attorneys who specialize in drunk driving cases are typically better prepared to represent those who are facing a drunk driving conviction. This is because these attorneys have the knowledge and the skills required to successfully represent their clients, especially in cases involving warrantless blood test compulsions.
In the United States, our freedom of liberty and the integrity of our person is highly valued and when government unreasonably invades these rights, attorneys are here to challenge those convictions which are against the constitutional rights given to American citizens. Many attorneys have a deep understanding of the constitutional aspects of police forced blood test and are here to fight hard on your behalf.
A skilled drunk driving attorney will be able to assess your case and provide you with insight as to how the court will proceed with your case, and whether you have a possible defense. Your attorney may be familiar with the judge and prosecutor assigned to your case, and may know how they have handled similar cases in the past. Your attorney will also accompany to you to court or make appearances on your behalf when appropriate, and can file motions in a timely manner.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.