When an officer pulls you over on suspicion of driving under the influence of drugs or alcohol, you need to understand your rights. The officer will ask you questions and may ask you to consent to various tests to determine if you are under the influence. You should realize that a prosecutor can use anything you admit or provide in a Washington court to build a case against you.
To avoid incriminating yourself, you should have a good idea of what you must do and what you do not have to do for an officer. The American Bar Association explains that that is especially true when it comes to blood tests for alcohol and drugs. Here are two things to keep in mind about that type of test.
- Blood tests require a warrant
The Supreme Court has stated that a blood test is invasive and violates your right to protection under the Fourth Amendment. If an officer wants to get a blood test, then he or she must get a warrant from a judge to carry out the test.
- Blood tests must occur at a medical facility
If an officer gets a warrant, then he or she must still take you to a medical facility because the only person allowed to take your blood is a trained medical professional. No one else can perform the test.
When you find yourself facing a possible blood test for drug or alcohol levels in your body, you do not have to consent. If you consent, then the officer can take you to get the test. If you do not consent, then the officer has to get a warrant.
Keep in mind, though, the officer can arrest you and keep you in custody while awaiting the warrant for the test. The process of obtaining a warrant, though, should happen fairly quickly.
