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Legal Update - Forced Blood Draws at DUI Roadblocks

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Legal Update - Forced Blood Draws at DUI Roadblocks

“Hi, I am attorney Kevin Hayslett with another legal update. Over the past several weeks, different states around the country have started changing the way that they handle DUI arrests. More specifically how they handle folks who are arrested for a DUI and refuse to provide a breath test. 

It used to be that the government could only forcible take your blood if they prove two things first:

1.    There was an accident with you being the driver.
2.    There is serious bodily injury or death to another person.

That has all changed. With the advent of the new law and the sweeping move around the country, law enforcement can now hold you down against your will to forcible extract blood from you. In order to have that blood taken to a lab and have it examined to provide the alcohol content to the government. 

How is this done? This is how it works. Sobriety check points are established around the country. You drive into the checkpoint and law enforcement officers make observations. If they establish probable cause that you have been driving under the influence of alcohol and that your normal faculties are impaired, and you refuse to provide a breath sample, a judge at that checkpoint will sign a warrant for law enforcement to forcible extract the blood from your person. This means that you will be told that a warrant has been issued for your blood. You can voluntarily give it to them pursuant to that warrant or if you refuse they have the ability to hold you down to forcible take blood from your person. They will take that blood and have it analyzed for its alcohol content to be used against you in a criminal prosecution of DUI. I am Kevin Hayslett and that is your legal update.”

- Kevin Hayslett, P.A.


The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in ClearwaterTampaBradentonSpring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.

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J. Kevin Hayslett

Kevin Hayslett, Esq.

J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.