5. The Blood Test

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After the officer places you under arrest, he will ask for a sample your breath and blood. He will also tell you that if you refuse to give a sample of your breath or blood, your Driver’s License will get suspended.

Initial Blood Sample Request

What you should expect

  • Officer will ask you to give a sample of your blood

What you should do

  • Refuse to give a blood sample at this point

Unlike the breath test, the blood test is more reliable and more trusted by juries. When you refuse to give a blood sample, the officer has to apply for a warrant and get it signed by a judge. If the warrant is not done properly, it may be grounds for having the blood excluded. 

Search Warrant

What you should expect

  • Once you refuse to give a sample of your blood the officer will apply for a search warrant to draw your blood
  • Most times the judge will sign the warrant
  • At that point, legally, the officer has the right to take a sample of your blood.

What you should do

  • Comply with the requirement to draw your blood.  
  • Be polite to the officer and the nurse
  • Stay silent, do not talk to the nurse or anybody present in the room about your case

If the blood draw is done at the police station, it will be video recorded, which means EVERYTHING you say and do, will be on video for everybody to see.