They don't need your OK to do this. To take samples such as blood or urine, or to take dental imprints, the police require both your agreement and the approval of a senior police officer. This does not apply when a blood or urine sample is taken in connection with drunk or drugged driving.
In general, you cannot stop the police from taking blood or other body fluids without a warrant. However, they must get permission from you before doing so. In certain circumstances (such as when there is an imminent threat to someone's life) they can act without your consent but they must tell you what happened and why they needed to do this.
Blood samples can be used in court as evidence that someone was driving under the influence of drugs or alcohol. They can also be used to check for drugs in drivers who have been injured in accidents. The results of drug tests can help judges decide what punishment to impose if they find you guilty of a crime.
Body fluid samples are usually taken by medical professionals after an accident has occurred. Police officers can assist but they do not normally take blood samples.
Generally speaking, police officers can only take your blood if you give your consent. If they believe that the best way to protect people's health or safety is to take blood without your consent, they can do this.
A police officer's request for a blood sample can only be granted in the following circumstances: 1. the patient consents to the collection of a blood alcohol sample and is capable of giving valid consent; or 2. the patient refuses to permission and a police officer produces a warrant; or 3. the patient refuses to consent and a police officer presents a warrant; or 4. there is probable cause to believe that the patient was driving under the influence of alcohol or drugs.
Generally, officers must have reasonable suspicion that you were driving under the influence in order to require you to submit to a chemical test. Reasonable suspicion exists when an officer has specific, articulable facts which, together with rational inferences from those facts, reasonably indicate that the driver was operating a motor vehicle while under the influence of alcohol or drugs. These facts may include the driver's physical appearance and behavior, as well as the smell of alcohol on the driver's breath. The officer also may consider other relevant factors such as the location of the stop, the time of day, and whether it is snowing or raining at the scene of the stop.
In some cases, officers may have probable cause to believe that you were driving under the influence without requiring you to take a chemical test. For example, if an officer observes you drive down the street careening between lanes of traffic, failing to signal when changing lanes, crossing over double yellow lines, or otherwise acting abnormally, they could conclude that you were impaired by alcohol or drugs and require you to submit to a chemical test.
Police can request a blood sample under the new rule if they have reasonable reasons to think a person is intoxicated, such as a failed field sobriety test or a positive result on a saliva-testing equipment. The driver cannot refuse the test.
Blood samples are used to determine alcohol concentration levels in your body. Police can require you to provide a blood sample if there is probable cause to believe that you were driving while impaired by alcohol or drugs. Not providing a sample could lead to charges being filed against you.
Generally speaking, police can search you and your vehicle incident to arrest. This means that they can look through your belongings without getting your consent first. However, evidence of other crimes may not be admissible in court unless it is discovered during these searches. For example, if police find drugs in the course of making an arrest, those drugs are considered "fruit of the poisonous tree" and cannot be used as evidence against you.
Intoxication cases can be difficult to prove because there are no direct witnesses to what happened before or after the accident. Therefore, prosecutors often rely on circumstantial evidence to show that you was impaired by alcohol or drugs. This might include finding empty liquor bottles in your car, smelling of alcohol, failing field sobriety tests, etc.
The cops have the authority to photograph you. They can also collect your fingerprints and a DNA sample (for example, from a mouth swab or a head hair root), as well as swab the skin surface of your hands and arms. In fact, they can use force if you try to resist.
You have the right to ask them to leave before they begin their investigation. If they won't, then you have the right to stay silent.
DNA evidence is very useful in helping to solve crimes. It has led to the arrest of many criminals who would have never been caught without it. However, DNA sampling should be done by trained personnel using sterile equipment in a manner that minimizes discomfort.
These laws may require law enforcement agencies to get a warrant before they can take your DNA, or they may require only that they tell you why they are seeking it before they take it. Other states have "open records" laws which allow anyone with a reasonable interest in doing so to obtain DNA test results related to an investigation or prosecution. Still other states have no specific legislation on the subject but instead rely on their general public record laws to provide DNA privacy protection. It is important to understand these differences because they will determine what data can be obtained about you.
If a police officer suspects a motorist is under the influence, he or she may request a blood test. A blood test can reveal whether or not a motorist consumed alcohol or took drugs before getting behind the wheel. The findings of a blood test might be used by the prosecution to develop their case. For example, if there are drug residues in the driver's system, this could help prove that he or she was under the influence at the time of the accident.
Blood tests are useful tools for law enforcement officials to determine if a driver was impaired by alcohol or other substances. They can also provide information about drugs that may not show up on a standard urine screen. The accuracy of blood alcohol content (BAC) testing methods has been questioned; however, these techniques are generally considered reliable when performed by trained technicians. Blood samples can be taken from almost any part of the body, but most officers prefer to use the vein in the arm because it is easier to find and contains more blood than other locations.
During an investigation, officers will often need to collect blood samples from several people. For example, if there were multiple drivers involved in an accident and one or more persons was suspected of being under the influence, then each person would receive a copy of the laboratory report indicating their BAC result. Officers are required to inform individuals who have had their blood drawn of their right to refuse this procedure. If you do not object, there is no reason for the officer to withhold your consent.