Forced Blood Draw?? Help

Published

Hi question for you guys... Say there was two guys went through a dui checkpoint, Now car has slight smells of marijuana so there asked to step out, next thing you know police say there high on meth(which there not) and the driver and passanger have a blood test taken at the dui checkpoint, Now is it legal for them to take the passengers blood even though he refuses? I thought only the driver was required to give a blood sample, Thanks for the corrections.

John

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Specializes in Emergency, Trauma, Critical Care.

Um....nurses are not usually legal consultants in drug stops.

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Specializes in Psych, ER, Resp/Med, LTC, Education.

What was it they were charging the passengers with? Possesion? Maybe they could if they wanted to charge them with posession--obviously they can't for DWAI-- Don't really know -- I do know there is an automatic charge is a person refuses to be breathalized and the officer suspects ETOH intoxication--of the DRIVER......don't know anything about the passengers, like I said unless they were going for some other charge like posession-- you need to pose this question to the police department or a lawyer.......not nurses.

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Im asking in this forum because I found this thread https://allnurses.com/emergency-nursing/forced-blood-draw-209640.html, so I thought someone here would be able to help me out with this predicament. And to psychRNinNY, It was a passenger that was falsely accused of being on meth and the only reason im asking here is up above...

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Sorry, but we are unable to offer legal advise as per the Terms of Service of this Bulletin Board.

Anything in any car can be under scrutiny. And that includes the people in it.

Thread closed.

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