Can the cops take your blood on a 1st DUI without a lawyer present even after you asked to have one?

UPDATED: Sep 30, 2022

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Can the cops take your blood on a 1st DUI without a lawyer present even after you asked to have one?

I passed 2 PBT’s which I was forced into taking and passed but the cop still arrested me because I refused further field sobriety tests and asked for a qualified atterny present. Then in jail they forced my blood even after I told them a second time I wanted a lawyer present when they took my blood And never gave consent to take in the first place. I was refused a lawyer during questioning and during blood draw. Is that grounds for dismissal of charges?

Asked on June 3, 2017 under Criminal Law, South Dakota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, there is no legal right to have a lawyer present while blood is drawn for a DUI test, and the authorities do not have to delay while you get an attorney. Think about it: over time, the blood alcohal level decreases, and getting a lawyer, especially at night, on a weekend or over a holiday, will take hours at a minimum--possibly days. If they had to wait for you to have a lawyer, the authorities could never effectively take blood in time to test it, which means that people who were DUI could escape the consequenes just by requesting an attorney. The time limited nature of blood tests for DUI makes waiting for an attorney impossible, and so the law does *not* make the authorities wait your lawyer to be present. Not having a lawyer preset is NOT grounds to dismiss the charges.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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