Mon. Jul 15th, 2024
Blood Draws For Dui <![CDATA[]]>

DIU Blood test search warrant is not a new concept. This is conducted usually when a person is suspected of driving under the influence and the same can be tested by taking blood samples of the suspected person. DIU blood search warrants measure the amount of chemical substance present in the blood which is how it can be determined whether the person is under the alcoholic influence or not.

However, the court takes blood samples very seriously. It is believed by them that blood samples are supposed to be treated differently than any other physical evidence. The information in the blood can reveal really personal and highly sensitive information. It can reveal numerous thing about an individual to a very personal level.

The importance of blood test samples

Various information such as disease, pregnancy, paternity, and other genetic information can also be revealed. This is why it is very important to store such samples in a highly safe condition where government trespass can be avoided. Due to such sensitive information that pertains in the blood test, it can be said that for conducting a DIU blood test, a DUI blood search warrant is also required.

Let us have a look at the requirements that must be met before conducting a blood test:

  1. The authorities or the person of concern must have a probable cause to conduct the test. They must have a certainly defined cause on why they need to conduct the test.
  1. The second condition is that the sample must be taken only to serve the respective purpose. No other personal details or medical facts or any criminal information should not be derived and doing the same shall be considered as an offense.

Deriving blood samples for DIU

According to law, when blood samples are derived for investigation for driving under the influence- the state is not authorized to use the sample to produce a DNA profile to government data banks. This cannot be done without a further warrant and willingness for doing the same would require an individual cause for the DNA.

The blood should be tested in a toxicology lab with only if the authorities have an electronic search warrant or a physical search warrant for the same purpose. When any blood analysis is conducted without a warrant the court considers it illegal.

How can DIU be suspected?

The officer might be able to suspect the case of DIU due to any erratic driving, slurred speech or any odors that can detect using a portable breathalyzer. When the officer is convinced that a probable cause exists they have the right to ask the driver to submit a blood test or a urine test either at a police station or at a local medical facility.

Any type of refusal by the driver under any circumstances will prove him/her as guilty due to the state’s implied consent laws. Chemical tests are also very subjective in nature. The results may also vary when one is under medication or any other situation. A person always has the right to contact their attorney before they submit to any tests.

It is also very important that any DIU test results should be handled by expert professionals who have appropriate experience of dealing with attorneys and are familiar with respective law.

At a search warrant can be issued remotely anywhere and they are also very cost friendly as you can simply carry these e-warrants anywhere with you. Such warrants can be issued within a few minutes which is why they are highly preferred as compared to traditional warrants. Make sure to visit the website to know more about the types of warrants you can avail.

By admin