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Is Drawing Blood As Part of a DUI Investigation Covered by the Fourth Amendment?

The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. Searches and seizures executed without a warrant are presumed unreasonable unless there is an established exception. The Supreme Court has found the act of drawing an individual's blood (such as in a DUI investigation) to be a form of a seizure requiring a warrant, unless exigent circumstances make obtaining a warrant impractical. Courts evaluate the totality of the circumstances on a case-by-case basis to determine whether exigent circumstances justify a warrantless search. Exigent circumstances have been found to exist where the time needed to obtain a warrant would result in the destruction of evidence.

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Ace Law Group
6480 W Spring Mountain Rd
Ste 1
Las Vegas, NV 89146

Phone: 702-605-3113
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