Can the police take a blood or urine sample from you at the hospital without your permission

UPDATED: Sep 30, 2022

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Can the police take a blood or urine sample from you at the hospital without your permission

I had car accident where I hit a couple
mail boxes I was taken to the hospital
by EMS where the hospital said I had an

Asked on May 15, 2017 under Criminal Law, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As a general rule, a police officer must first obtain a search warrant before they can force you to give a blood sample in the course of a DUI investigation. However, there are exceptions to this. The first is for the police to get a blood draw if the driver consents to it; the second is where the driver is in accident that involved fatal or serious injuries to other parties or serious injuries to the driver; or third is if the driver is taken to the hospital after the accident and takes the driver's blood for medical purposes, then the state can later subpoena the hospital's records to help prove that the driver was DUI. Additionally, a urine speciman cannot be forced but your driver's license can be suspended for refusing to provide such a sample after being arrested for DUI; the same is true for refusing a blood test.

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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