This past weekend, I attended and completed a three-day course on DWI detection and standardized field sobriety testing. This event, while for lawyers, contained the same training that police officers receive. This course was time and money well spent. My knowledge of field sobriety testing expanded exponentially. I also gained a greater understanding and appreciation for what officers on the street go through. Any lawyer who is serious about DUI defense should attend one of these courses.
Archive for September, 2010
WordPress records the search terms people use to find this blog. Some unknown person typed the above question in a search engine and found this blog. My answer follows.
It is physically and actually possible to forcibly resist a blood test. But, that is not what the questioner was asking. A better inquiry is whether a person can forcibly resist a blood test and not suffer adverse legal consequences.
Absent a search warrant, the police will probably not force a blood draw. The consequence for refusing a blood test (or urine or breath test) is that the person will receive a longer driver’s license suspension under the Illinois statutory summary suspension law than if the person had submitted to and failed testing.
What if the police have a search warrant authorizing a blood draw? In that case, the person really doesn’t have a choice: the person must submit to the blood draw. If the person forcibly resists the blood draw, further criminal charges in addition to the person’s DUI charge (such as obstructing a peace officer) may result.