If you are suspected of DUI in Gulfport, the police may ask you to provide a sample of your blood for testing to determine your blood alcohol concentration, or whether you are under the influence of another substance that interferes with your ability to operate a motor vehicle.
The same rules apply to blood tests as apply to breath testing. If a police officer has reasonable grounds and probable cause to believe a person has operated a motor vehicle upon the public roadways while under the influence of alcohol or another substance, the officer may request that the person provide a blood sample to determine whether he is under the influence. A driver who refuses to provide a blood sample at the request of a law enforcement officer will face a suspension of his driver’s license in accordance with the Mississippi Implied Consent Law.
Generally, if a driver refuses to provide a blood sample, the officer will make no further attempt to obtain the blood sample. However, in certain cases, the police may attempt to obtain a search warrant to obtain the driver’s blood. This usually occurs when the driver has been involved in an accident. A police officer may be able to obtain a search warrant for a driver’s blood if he can demonstrate probable cause to believe the driver was driving under the influence. This showing must be made to a “neutral and detached” judge. If the judge finds probable cause to believe the driver was driving under the influence, the judge will issue the search warrant. After the search warrant is issued, the officer may then go to the hospital and obtain a sample of the driver’s blood. It is important to note, however, that the hospital does not have to draw the driver’s blood simply because a police officer has a search warrant. The hospital may refuse to draw the driver’s blood if the driver refuses to consent. This situation usually arises when a nurse or other hospital personnel would have to forcibly draw the driver’s blood.
Blood testing is strong evidence of a driver’s blood alcohol concentration, but an experienced DUI attorney knows how to attack this evidence. Defending citizens accused of DUI is what we do. If you have been arrested for driving under the influence (DUI) in Gulfport, Biloxi or elsewhere on the Gulf Coast, please contact the DUI lawyers at Crowley & Ray for a free case evaluation.
