LAWYER: When Blood Draws Violate Your Rights

If you thought a breathalyzer was intrusive, have you had to get your blood drawn for a possible DUI? There are certain breath tests you can refuse (depending on your state), but can you ever refuse a blood draw? When should you speak up and say no?
Leave Andrew a voicemail with questions or ideas: www.speakpipe.com/flusche
NOTE: This description may contain affiliate links for you to find the items mentioned in this video and support the channel at no cost to you. Thank you for supporting the channel!

[@Swalley311]

All of this should be illegal. Crazy how much we as citizens allow government to get away with!

[@livewire2759]

Govt. agents have no right of authority and we have no obligation to obey... but they have guns and the majority opinion on their side.

[@trip3174]

All in the name of "safety".

[@RustyShakleford1]

​@@Ayn-Rand-Is-Deadlol that's awesome

[@opossom1968]

Cops are as 2 year olds, when told 'NO' they throw a fit to get you to comply. We as citizens/adults must protect the cop from violating our rights, which they are not taught in copogarden school.

[@KingKongbabe]

We don’t allow it. The politicians are corrupt and the police are tyrants

[@jeffreybritton3338]

I can’t believe a hospital can bring out a liability waiver for a blood draw. A hospital should never be able to waive liability for any procedure.

[@jthonn]

Man I agree with that big time.

[@tristramcoffin926]

What is the value of the Hippocratic Oath if there is no liability for doing harm?

[@Trinexx42]

Idk if that's true. If someone is in bad health, the risk of complications during any procedure increase, and it often requires procedures that are more inherently risky. Things like an organ transplant, or open heart surgery might be required to save someone's life, but even if the hospital does everything correctly there's still a relatively high likelihood of something going wrong just because their body is not in good condition (which is why they need the radical treatment in the first place). Also major procedures may have serious negative effects that are guaranteed, for example organ transplants require a lifetime of immunosuppressants. But if one of your organs have failed, then you may not have any better option than the lifetime of immunosuppressants. If a high risk patient needs a procedure and it's impossible to waive any liability, either the hospital would need to charge much much more than they already do to cover the additional risk, or what you would more likely see is the hospital refuse to treat them because the risk is too high. If a procedure is guaranteed to have some negative effects, then they would be almost guaranteed to get sued after performing it because the patient could blame the hospital for the negative effects.

[@jthonn]

indeed@@tristramcoffin926

[@jthonn]

If I understood all of that, I agree@@Trinexx42

[@SafetyBriefer]

Never answer any questions. "Will you consent to us drawing your blood?" "I don't answer questions."

[@Thecelestial1]

Wouldn’t they just do the implied consent thing?

[@gta4everrr]

@@Thecelestial1 That works for them, but implied consent laws don't allow cops to make medical decisions on your behalf. Most hospitals wouldn't conduct the blood draw without your explicit consent.

[@kristeneichhorn6913]

The statement about hospitals asking for your consent to draw blood is often the case. DO NOT SIGN THE PAPER ALLOWING THE BLOOD DRAW!

[@PrezVeto]

There's a simple, relatively safe answer to a question of whether you consent to something: "I don't consent, but if you give me an order, I'll comply." That puts the burden on the police to figure out whether you're actually legally obligated to do what they're asking. If they get it wrong, you either (should be able to) get the evidence excluded on the basis that the order was unlawful or get away with not providing the evidence in the first place while making it very hard for them to charge you with obstruction or the like. If they get it right, then you haven't lost anything. Either way, you're telling them you don't intend to fight them, which can help avoid misunderstandings and unnecessary escalation. The only realistic circumstance I can think of in which that could hurt you is if you've been drinking and it allows them to say you slurred when you said it or that they smelled alcohol on your breath. Note that this would also be the case of an actual statement that you "don't answer questions." (You sort of just did.)

[@ThereIsNoOtherHandleLikeMine]

@@Thecelestial1 "I do not consent is not consent." Note: There may be repercussions for not consenting, such as automatic revocations of your license.

[@probuilder961]

"Hello, judge? Yeah, we got another vampire warrant request."

[@mattbarrett41]

You take my blood, I should be able to take yours…….. All seriousness, don’t give the State anything. Fight the fight.

[@nothanks9503]

I think you’re onto something I feel like all citizens should get the right to apply 1 open handed slap to 1 officer per day

[@Thecelestial1]

I don’t think the ratio of your blood loss vs theirs is something you want.

[@BeardOfDan]

The tree has long been thirsty

[@Norm-R]

Are you allowed to contact a lawyer during this whole process to find out what the law would be in your specific state? Because frankly I have no faith that the police would be honest with me on what the laws really are and would rather consult someone before agreeing or refusing to anything.

[@TheMelnTeam]

Lack of faith is correct and by design. Police are allowed to lie to you per law, but you are penalized, sometimes severely, if you lie to them. No relationship with any degree of trust or respect can exist on that foundation. It's an inherently hostile arrangement, even when everyone is acting politely. I strongly disagree with the legal precedents that allow for it.

[@BillGreenAZ]

@@TheMelnTeam My lawyer told me it was a Supreme Court decision that allowed the police to lie.

[@Lord_Raptor]

You're allowed to have your attorney present at any point you want. Thus the whole "you have the right to an attorney" part of the Miranda rights. 👍👍

[@jthonn]

You are correct, but they do not read you your rights until you are arrested, which makes anything you say can be used against you. It's a catch 22, like this man says, don't talk to the police, if you have any chance at all the police have the burden of proving their investigation and if they screw something up or infringe on your rights, you have a good chance of getting off.@@Lord_Raptor

[@felironmaden1429]

@@Lord_Raptor You have a right to an attorney during questioning and during court, but the cops DO NOT need to wait for your lawyer to fingerprint you, OR breath test you. They don't need to wait for your lawyer before executing a search warrant on your house or your car, I'd bet they dont for your blood either.

[@Dr.M.VincentCurley]

When you do have a blood draw, remind the person taking your blood to let the alcohol evaporate from your arm before the venipuncture starts. FAR FAR too many technicians just swipe your arm to get it wet and go right for the vein. This is NOT how it is supposed to be done. To make things worse, I've had an impatient tech start to BLOW on my arm (with their disgustingly infected mouth) on my arm to get it dry faster.

[@jthonn]

It's just like the road side breath test, I worry about the device being sterile, who blew in it last? Furthermore, they can't clean it with alcohol. I almost refused one in a checkpoint, and I told the cop that and he said it's clean. I was like, how do I know that, I don't know who blew in it last or if you had it in the crack of your ass. That didn't go over well. The wife told me to go ahead and blow in the dang thing, of course I wasn't drinking so it came up 0. I think those checkpoints should be illegal, seems like entrapment to me. The reason it all happened was the cop smelled alcohol, it was the bottle of germex we had just used.

[@Demonicpurity]

@@jthonn The breathalyzer mouthpieces are disposable and replaced after every test. I see now why the cop thought you were drunk.

[@jthonn]

LOL, They could tell you, or open it in front of you. It's a sad world if they think you're drunk being a germaphobe. Like I said he even realized it was the germex he smelled after.@@Demonicpurity

[@Andrewflusche]

In Virginia, they're only supposed to use NON-alcohol cleaners: "soap and water, polyvinylpyrrolidone iodine, pvp iodine, povidone iodine or benzalkonium chloride" law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-268.5/

[@maratb5291]

@@Demonicpurity Allegedly replaced. How do you KNOW?

[@dericksmith2137]

Here’s a bit different scenario: Let’s say the cops believe you may be the perpetrator of a murder, rape, or some other horrific crime. The cops collected some DNA from the crime scene. But… the cops do not have enough evidence to get a warrant for your DNA. So a crafty detective simply has a patrol car watch you. Next time they see you driving, they pull you over and claim they think your intoxicated. So the pull out the hand held breathalyzer. Or with no odor of alcohol they say you are on drugs. So they pull out the Field Drug Test. What happens if that cop saves the breathalyzer straw in an evidence bag? Or he saves the drug test swab in an evidence bag? Did the cop just legally obtain your DNA? Even tho it was a pretextual stop. Much the same as if you drink during a police interrogation and leave the cup behind. Even if you toss it in the trash (pay attention if you are in an interrogation room. The trash is empty and the room is recorded, so that proves chain of custody for the evidence. It could only be your cup.). Then there’s the less discreet where they take you to the PD for a blood draw. There’s DNA? And how can the cops keep your DNA results on file? See I’m of the opinion that it’s wrong for my fingerprints to be kept on file. I understand using them to identify me at arrest, court, and even while I’m incarcerated for that charge. But once I’ve ‘served my time’, why do cops get to keep my prints on file? An average Joe may be suspected of a crime but his prints aren’t on file. Why does Joe get to have a greater privacy than me? Presumed innocent until proven guilty.- but if I served my time… aren’t I now innocent again?

[@jthonn]

If you served your time you have paid your dues to society and they can't hold that against you at another crime. So to answer your question, it doesn't make you innocent for the crime you served the time for, but they are not suppose to use your history for another crime. IKR, they may say he did it before and now he did it again. Now all the DNA stuff, I couldn't tell you, maybe Andy could shed some light on that. If they take your blood or swab they inadvertently have it. Now my question is, I am not familiar with a field drug test, what the heck is that?

[@doom4067]

I think they'd be more likely to go through your trash to find a straw or napkin. Once it's on the curb it's fair game.

[@opossom1968]

I was told by my lawyer to never give evidence against myself, this includes words, breath and blood. 4th and 5th amendment protects me again providing evidence against myself. We as citizens are under no obligations to help the police or courts gather evidence against ourselves. Meaning you do not have to help the cop investigate you by providing statements or DNA/Breath/Blood.

[@jthonn]

I agree but they come off with driving is a privilege not a right. Then they make the laws accordingly. They can't abuse your constitutional rights. Don't get smart with them, say very little or nothing, and for Gods sake don't resist. That is where they rough you up or even kill you. The side of the road is not the place, get them in court with a good lawyer.

[@opossom1968]

@@jthonn I have never talked at the side of the road. When i break the law, 99% of the time its for not signaling a right turn or light that is out, I never say a word. I have my documents at the ready, i had them over without answering any question and no words leave my mouth. Most of the time this makes them mad, for no reason. I just remain silent to all questions. They always say that i will be taken to jail if i do not answer their questions, a few actually have and have listed my charge as failure to answer questions or obstruction of an investigation. 100% of the time the judge instantly releases me, then they say they will be sending a letter to their superiors, because there is no law that said i have to answer any questions and silence is not obstruction. the max i have spent in jail is 6 hours.

[@jthonn]

Thanks for the reply, that is exactly what I'm talking about.@@opossom1968

[@WyzrdCat]

@@opossom196899%? You've been pulled over at least 100 times? Also traffic violations are not breaking the law. Sorry had to be a smartass 😏

[@user-otzlixr]

@@WyzrdCatYou must be new to the concept of percentages.

[@philcervantes4838]

Andrew great topic, your video struck a sore spot with me. My story: In California you have the right to choose a blood, breath or urine test. That being said I was arrested at a DUI checkpoint that had a trailer on site with a nurse in it to take your blood. I informed the officers that I had the right to choose the type of test and chose the breath test. They informed me that they would be taking my blood, and that they did not have a breath tester on site. I insisted on the breath test as was my right. The officer informed me that my only choice was to let the nurse take my blood or two officers would hold me down and the nurse would take my blood. I went with option B, they held me down and took my blood against my will. After that the nurse quit and walked out saying she didn't sign up for that. she was very upset. The results of the blood test was .08 the Ca limit was .08. my attorney informed me that several years prior the Ca supreme court ruled that failure to allow a DUI suspect to choose the test was not grounds to toss the test results. so I guess you only have the right to choose the test if the officer lets you choose. not much of a right. in the end after hearing my story in court the judge admonished the DA for bringing the case and the DA was shammed in to drop the charges. Phil C

[@justanotherguy8791]

A waiver is a contract right? Are contracts valid when you know the other person is intoxicated?

[@stevek8829]

Good catch

[@steveturners1258]

I have fainted several times during my blood being drawn - in clinical setup, reclined in a chair that wouldn't let me fall down. It's not that uncommon, especially if the phlebotomist is less than proficient.

[@jthonn]

I believe you Steve, but these cops don't care.

[@Andrewflusche]

Let's just say the last time I tried to donate blood... They had to turn me away after reviving me but before getting any blood out of my arm. :O

[@steveturners1258]

@@Andrewflusche They read your lawyers tattoo, didn't they?

[@funcat3560]

@@Andrewflusche Last I checked I weigh just under 100lbs, as an adult. So I might not be able to donate blood, but I'm still going to go see if I've gotten more weight recently. :3

[@The78vikings]

Really enjoy your videos, most informative and entertaining, especially Officer Andy! Take care, keep 'em coming!!

[@GiantMushrooms]

That is why officer daddy never came back home when he was supposed to get milk on the way back. Poor little Timmy will never get to see his statistically wife beating father again. This is a tragedy that must be stopped!

[@MightyDantheman]

Is there any excuse for medical conditions? I would hope there are. I do not do well at all when my blood is drawn, and I often refuse blood tests in regard to medical things specifically because of that. I'd almost rather be charged with something than submit to a blood test. I don't drink or use any mind altering substances, so I shouldn't run into this situation to begin with, but I've seen videos of people being arrested for DUI with no actual evidence except for what the officer "said".

[@arinerm1331]

Or, even worse, what the doughnut dumpster "thought." How he thinks with only three brain cells, two of which don't even like each other, is a question for another day.

[@cycleboy8028]

Andrew, I thought "implied consent" is because you sign for a Driver's License, which the contract lists that you have to give up blood if told. Which is where the "free travel movement" is interesting...

[@petegregory517]

Andrew is one of the 3 best on the net.

[@jarlaxle2421]

Thank you for this valuable information

[@steve6631]

Great videos!

[@D.Jackson141]

You are my hero. Wondering if I should make the jump from MA to VA 😅

[@Andrewflusche]

Jump all the way to TX!

[@wholeNwon]

@@Andrewflusche In TX, do you have to buy your own ammo or does the state provide it free?

[@wtphook378]

What if drawing blood is against your religious beliefs? Wouldn't them forcing you or criminalizing your refusal be a violation of the 1st amendmant?

[@wholeNwon]

Challenge the warrant.

[@hobbycathartic]

As a medic, I have drawn blood multiple times on the side of the road.

[@livewire2759]

...for DUI suspicion?

[@richh1576]

Yes indeed, but you were specifically trained to accomplish 'sticks' & venipuncture in the most difficult situations and non-sterile conditions. I ask you, would you 'implicitly trust' the typical cop to perform such on yourself, especially when you already have a high probability of suspicion to know that his/her venipuncture skills are most probably 'borderline' or less, ..... at best. ????

[@DeadCat-42]

I would %100 sue you personally for that. You would wind up on my personal forever shit list and ten years later you would still be on that shit list.. You are an idiot to put yourself in that position.

[@DeadCat-42]

And I don't drink.

[@AmyBarnes006]

Some officers are getting EMT or phlebotomy certifications so they can draw blood on the roadside.

[@KhanTrav]

One thing you can do to protect yourself from this kind of intrusion, if you are drunk or high, do not get behind the wheel. Good content as always.

[@trip3174]

Not true.

[@jess_o]

I suggest you research how long THC remains detectable in the blood

[@hellboip7876]

Crazy that these mfs in the replies are in favour of someone committing a DUI lol

[@Sidecutter]

It's like you think cops only harass people who are actually breaking the law. And not routinely just, well, fucking ANYONE in order to try and find some kind of crime to get them for. You dear, sweet, thing you.

[@fornoRaisin]

how?

[@mattrobar895]

I love your channel but had tell you. Here in Utah, they sometimes call a mobile blood draw van to come to you to draw your blood at the side of the road. I bet the same is true in other states but I am happy to hear yours is not one of them.

[@averageotaku1993]

If the person is giving search warrants all willy-nilly, they’re probably a vampire.

[@Norm475]

I've read of cases where blood was drawn at those sobriety checkpoints. However, the cop doesn't draw the blood, they have paramedics that ride along and draw the blood. I read this many years ago, so I don't think it was widespread and it probably no longer exists.

[@necigrad]

As a layperson, here's how I would view the medical waiver signature question. If you consent to a blood draw for law enforcement you have complied. It's their responsibility to collect it. If they choose to farm it out to another entity that's their call, but THEY are the ones accepting liability. If THEY want to waive liability they can, but that's a liability to THEM, not the suspect. I have no obligation to give up my civil legal protections for a Government matter. That in and of itself should be a Fourth Amendment violation. Further, there's nothing stopping a law enforcement agency from having qualified medical staff on their payroll so the waiver is not needed.

[@jamesgallagher9876]

Would saying, "I don't want to sign this waver without my lawyer present so i know what im signing"

[@r0bw00d]

You must've been drunk when you typed that out, given that you never finished the thought.

[@itowmyhome797]

Thank you

[@kingofbleh]

They drew my blood on the side of the road after contacting the judge(at 3am) and getting a warrant. I was pretty shocked.

[@108kitsune]

But the police draw blood on the side of the road. I guess that's different since it's for fun.

[@TrumpsTheAntichrist666]

Yeah no. Arm yourselves. 🔥🔥🔥

[@krane15]

The hospital is doing something under state order and they want you to sign away your right to sue them if something goes wrong? That's insanity. Why would anybody do that? If the state needs to take your blood to make their case, then they assume all responsibly should anything go wrong. That includes their hospital's incompetence.

[@wholeNwon]

Because the hospital has an insurance company.

[@doom4067]

If they're not lying about the circumstances, it shouldn't be difficult to get a warrant for a blood draw.

[@mhoke63]

Just as a point of mild correction. I'm guessing you found a state by state map of cannabis laws per state. But, I just wanted to point out that Minnesota is now legalized for recreational use of cannabis. Just know that I very much enjoy your videos and it has taught me much.

[@mattbrown5511]

Legal and moral are 2 very different ideas. It is amazing how lawyers (professional liars) seem to skip right over the idea of morality. It that part of their soul removed in law school or is it when they take their bar exam?

[@frotoe9289]

Because morality isn't likely going to be what's at issue when the judge or jury are deciding. Lawyers are supposed to focus on the law. Not how they wish the law were written. Not how you might think the law is written. But rather what the laws actually state and how they have been interpreted previously in courts in the jurisdiction. What do you want to hear? "I feel for ya dude. It's really horrible that this is the way it is. Wish I could change things. Blahblahblah"? Get your mom to come give you that speech. You get a lawyer to defend you, and to focus on the law, 'cause that's how he keeps you out of jail or minimizes sentences. Well, that, and schmoozing with the prosecutors and judges at the golf course on Sundays.

[@badmonkeyking]

IN , drew my blood by waking up a judge , getting warrant, then drawing blood. issue lots.

[@MorbidGod391]

Honestly, it’s crazy that they can get a search warrant for your blood. If it could possibly end up with the suspect dying even if they comply then it shouldn’t be something they can do.

[@deddie4645]

Nice

[@terrydavis8451]

Always refuse EVERYTHING.....more importantly dont drive drunk. But cops are handing out blood draws like candy several from people who turned out totally clean.

[@festerbutt]

The police can always just say "you smell drunk" or since they were exposed to train their dogs to act as if they smell drugs on command, thsy can use that, then lie under oath (which they justified in an aid and abet police newsletter in which they said that it's not hypocricy when a policeman has the powet to arrest criminals, yet is perfectly justified in lying under oath because it helps the system).

[@dansanger5340]

On the one hand, I don't like having to give up my blood. On the other hand, since I know I'm innocent I prefer an objective chemical test rather than the subjective opinion of the arresting office.

[@XLM_HODLR]

What if you were apart of a deadly vehicular accident that you were not at fault. Is it unlawful to refuse a blood test in this scenario?

[@wholeNwon]

"Fault" is often apportioned, so you might be tested lawfully.

[@jpwhre]

I got a blood draw on side of road. I wasn't arrested. The cop drove my car (and me) home and walked back. And I had a 0.149 (just missing extreme DUI) January 2022.

[@djs12007]

There is NO "implied Consent", at least not in the Texas penal code. section 45 of the Texas transportation code says a driver "MAY" consent, it doesn't say they "MUST" consent, nor does it say acceptance and signing for your DL is considered consent. I strongly urge anyone to literally read their state statute. One other point, what about medical laws, in Texas the only people allowed to legally draw blood are trained Phlebotomists.

[@Thecelestial1]

No one without proper credentials in a sterile setting is taking my blood.

[@billganas467]

I agree w/ you ,,,but.... they can and will over power you & force their will upon you if they choose to do so. that's why they wait on re-enforcements, most of them are 'chikin shits'

[@melissagrace740]

I live in Oregpm and the cops took my blood, stole 3,000 dollars and. a go pro. The released me from Jail too late to get my purse that the cops left at the other station. I was released with no way to get to the other station and it was too late because they were closed.

[@sethwooten5678]

I was pulled over in AZ. I passed a breathalizer, and field sobriety test. The officer said his instincts have never been wrong, so he took me to the station. I passed the breathalyzer at the station, so he asked if he could do a blood test. I refused. He called in a warrant for my blood. I had smoked weed the day before, so i knew the results wouldnt be in my favor. The results were going to take up to 8 weeks to come in. This was well past my arraignment date. I didnt have a lawyer, so i plead guilty even tho i wasn't. I was never arrested, but i was given a speeding ticket, and charged w suspicion of dui pending results. They impounded my car

[@HelghastStalker]

@andrewtaylor7269 ...none of this is true. At least not for you Americans. However, "deconstruction" *was* used extensively by the Stasi, albeit through far more indirect means like denying someone a job, or making sure their apartment was always conveniently last to be maintained, or isolating them from friends/family. Though, if you made that list, you were very, VERY close to outright treason.

[@TrumpsTheAntichrist666]

Your fault for not just saying no. 😂 Arm yourself and stop cooperating. Good grief.

[@TheMelnTeam]

@@TrumpsTheAntichrist666 Pleading or giving consent at any stage does seem like it could only hurt in that scenario. That said, the mere concept that cop can get a warrant after a person passes station breathalyzer is absurd to me. I would be more inclined to acquit a man who violently fights his way out after passing such a test than I would be to trust the "instincts" of someone who claims they've "never been wrong" to get a warrant after their victim passes tests. Unfortunately, what happens when a falsely imprisoned person attempts to fight their way out is that they get arrested on even more charges (if they survive), and juries will for some reason convict on those. But as far as I'm concerned, any probable cause for arrest is long gone, and continuing to hold a person after they pass a station test that way is no more legal than you or me grabbing someone we suspect of something illegal and holding them against their will while we "test" them. Law enforcement gets away with otherwise felony actions pretty frequently, because it's rare to see law enforced against them.

[@sethwooten5678]

@@TrumpsTheAntichrist666 I did say no. The cop got a warrant, like I said. Good grief

[@lunatik9696]

@@sethwooten5678 . DUI blood test must be based on your blood content only. Smoking weed a minute b4 u r pulled over will not show up and any decent attorney can get it tossed. MJ won't show up for hours or days. Cops lie to you to intimidate/ trick you into consenting. Often they claim to have a warrant and it is only a blank sheet of paper or other paperwork. I know when one is in a situation like that, the cops scare you and then act like your friend. When under duress, it is hard to make an informed decision.

[@mikedav2505]

Question. So when a cop flashes his light and is behind you, you then must pull over right? My lovely wife thinks that it's ok to first call 911, to let them know that the area as to where you are being pulled over isn't safe. That way you can continue driving to a safer spot! Is that legal? I myself don't think so. Not stopping when police are behind you is breaking the law. Kind of like this situation with the black army guy. Thoughts please!!

[@everettdea]

OK. Yes. I'm a wuss. I must be lying down or I'm gonna make sure I grab that service provider lovingly as I start to fall. Lol.

[@billganas467]

is it true ? you can be charged with possession of any unprescribed or illegal drug found in your blood, from a blood draw, in addition to the DUI ?

[@dericksmith2137]

Blood draw at roadside- yes! The one guy is dead because 7 cops piled on him, pinning him, to do a blood draw. He was right beside his vehicle.

[@Retrocidal]

i cant wait till all these rules are burned to the ground

[@petegodon8938]

Can cops make someone take your blood? Think the crazed cop in Utah a few years back when they arrested the ER nurse.

[@wholeNwon]

If the hospital is under contract, yes. Can they force a specific individual? If that is the only person the hospital can supply, then probably yes or risk obstruction charges. If the hospital refuses to provide other personnel and the individual refuses then there is a potential conspiracy to obstruct justice charge and things get serious.

[@petegodon8938]

@@wholeNwon nope.. Sorry.

[@petersplat6164]

I remember that. A cop plowed into a car by accident, and it was the cops fault. Detective went to the hospital to draw the injured man's blood in the hope that there might be a trace of something in his blood to relieve the cop of some liability. The nurse wouldn't let him because there was no warrant or even reasonable suspician. So the detective went asshole and arrested the nurse. She collected a nice payout.

[@SlimThrull]

Implied consent is still consent, right? That means it can be withdrawn at any time.

[@wholeNwon]

no

[@theelitistjerkmetalhead8047]

I'm baffled that this is ever legal in any capacity.

[@garybohr9857]

What if you are one of those individuals with an absolute hatred/fear of needles? If you end up panicking when they approach you with the needle does that give the cops the right to beat you into unconsciousness (getting assaulted for attempting to fight off an assault)? Is there an argument to be made for self defense? A blood draw necessarily requires you to be stabbed. In most states if somebody stabs someone above the waist, it's attempted murder. Yet, on a magistrate's say-so the government's agents are free to stab you? I am not following the logic or reasoning...unless it's just a means for the government to assert dominance over its citizenry.

[@phoenixknight9306]

If your blood is taken, and you are found not under the influence, can you then demand your blood to be returned and removed from any database that it was entered into?

[@wholeNwon]

Interesting question. Obviously you can ask but doubt that it would be done unless required by statute or by court judgement.

[@ningayeti]

What about signing the waiver with "as to form only" phrasing

[@tyroneshoelaces7438]

I’ve got a 12 Pack of Bud Lite to sell you. Too funny

[@mountainmantoo]

Perhaps signing as "under protest" may not indemnify the cops or the hospital, idk 😐

[@timdowney6721]

Phlebotomists are trained to draw blood safely and insure its integrity by using the proper equipment, ensuring proper labelling, storage, etc. The idea that some cop is going to do so at the roadside, even with training, is close to ludicrous.

[@DeadCat-42]

You can extract information that would violate HIPAA.

[@Chadministrator93]

I would never consent.

[@danbsc]

What if you have a religious belief that stops you from having blood drawn?

[@hillaryclinton2415]

without a warrant or with voluntary submission is unlawful... With a warrant is unconstutional.

[@JasonTorpy]

Saw a good one on this today - nurse got $500k for after cop arrested her for refusing to draw blood without a warrant... question though - I see lots of videos on 'I don't consent to searches. am I being detained' but what if they say yes? what's the proper action between 'yes you're being detained' and actually being placed under arrest? Got any of those videos?

[@kyleloydmckinney]

how can you consent if intoxicated, to include a waiver?

[@BillGreenAZ]

Can you address when a DUI suspect been forced to undergo a urine extraction via a catheter?

[@BeardOfDan]

Well now I'm going to have nightmares

[@Thyline]

So what would happen if you have a legitimate concern about infection from a police ordered blood draw. e.g. you are a transplant patient.

[@richardeldridge8335]

If a law enforcement officer is trained as a nurse or a phlebotomist, and he is authorized, by law, to draw blood. Is he drawing blood as a police officer with qualified immunity, or is he drawing blood as a nurse or a phlebotomist without qualified immunity?

[@biigsmokee]

lol what do you think

[@richardeldridge8335]

@@biigsmokee I guess we'll have to wait until a police officer/phlebotomist gets sued for malpractice.

[@nothanks9503]

They just refused to test me this worked out to me getting to keep my license but I still had to pay thousand in fines

[@maratb5291]

The Fourth Amendment starts "The right of the people to be secure in their persons...:. Is not blood part of the person and is suspicion adequate to replace Oath or Affirmation?

[@silent4676]

I think the 4th amendment covers this. The right to be secure in your person, papers, and effects. Your blood is your person.

[@Andrewflusche]

That's why the Supreme Court said you can't be charged with a crime for refusing a warrantless blood draw under "implied consent."

[@DeadCat-42]

It's also why the third party doctrine is clearly unconstitutional.

[@SuperGuitarDude7]

Does Andrew ever deal with neighbor issues or strictly knowing your rights when the police are involved? I tried searching for channels that addressed issues with neighbors and couldn't really find a good one.

[@additudeobx]

What if the driver is a resident from North Carolina and gets a DWI in Virginia. Can Virginia get a warrant to draw blood of a North Carolinian at a Virginia Hosptial?

[@necigrad]

Yes. Your citizenship doesn't overrule the State laws. An interesting question though would be if an accident victim in NC was taken to a Virginia hospital for treatment and the blood draw happened there. I think it's still legal, but ti's a different question.

[@porgy29]

Question, are there laws about retention of the blood and what they can do with it? Drawing blood to do a drug test because of suspicions that you are driving under the influence rases some 4th and 5th amendment questions, but at least makes sense at least with a proper policy. But, can they just keep my blood on file and use it whenever they want to check my DNA against other crimes and such? That feels like it should violate the search warent.

[@mrhomely]

Is obstruction of justice a leaser charge than a DUI?

[@wholeNwon]

no

[@ericschryver73]

"A 12pk of bud light for sale?" No thanks.

[@valc6954]

i was framed for a dwi like this. can you point me to a good attorney in indiana?

[@wholeNwon]

I am an expert. The venipuncture procedure video you showed is technically incorrect and exposes the pt. to infection. That's assuming that the puncture was actually completed.

[@olskool3967]

they try to draw my blood, i will draw theirs,,,,,,,,,,,,,,,,,,,,

[@hammer9390]

My answer: LAWYER. Then consult with my LAWYER, for 4 hours.

[@necigrad]

I see a lot of people saying "Don't give them anything!" I get it. Consider this though. I get arrested for DWI/DUI and they demand I take a breathalyzer or blood draw under implied consent. Scenario 1: I consent, am drunk, and come to a plea deal that allows me to keep my license, stay out of jail, and be on probation. Scenario 2: I refuse, have my license taken away civically under implied consent. The first option gives me a conviction. The second one costs me my good job because I require a license to drive. Plot twist: Same scenario, but I'm not drunk. Sometimes it's a lesser of two evils.

[@gaunterodimm7495]

If police officer was a vampire and he had a search warant could he enter my home uninvited or not

[@thraknar3363]

Question: Is it reasonable to request your lawyer if faced with a blood draw? Seems that officers will often push things you are not legally required to do at times, and be less than transparent on what is.

[@wholeNwon]

You can always "request" or demand but they do not have to comply. If you are to be interrogated, that's another matter. Just make a note of the name of each officer whom you ask for your attorney.

[@timinwsac]

So if blood is taken to be used a evidence against you and the results come back negative can you demand that your blood, property, be returned? In other words you took it out of me you need to put it back.

[@1221crow]

i have the right to feel secure with in my own person, they took my finger prints and an x-ray of my whole body and photography, technology has violate my freedom and my right to feel secure, as a poor man a loner, and a biologist i am the perfect person they can set up as a escape goat for what ever crime the gov. wants to frame me for. i will never comply with any officer unless they sign MY paper work first that says i am not ruled under US laws their judges/agents ect..

[@Thecelestial1]

Are there consequences for the police if your blood comes back clean?

[@BeardOfDan]

Nope, just like how there aren't consequences for police who enforce laws later ruled to be unconstitutional. Nor are there consequences for the legislature that passed them.

[@leematrix801]

I have a question for you, Andrew. If the police want to take your blood and you say no and they tell you that you should be charged with obstruction, should you always request that a warrant be issued for your blood? The reason I ask, is because I live in Texas. I’ve never been given a breathalyzer or committed any crimes my entire life. I have one speeding ticket that I was issued and I was 19 when that happened. I’m currently 41 now.

[@ericharrison6418]

The application of law against a DUI is getting unconstitutional. It’s a DUI not a serial killer. The prevention of future consequences is starting to outweigh the present consequences.

[@asianboy2177]

How did he die of resisting blood draw?

[@livewire2759]

They probably forced him into a chair and tied him to it, then drew his blood... and maybe he was so scared of needles that his fear, panic and physical strain resulted in a heart attack. That'd be my guess...

[@21warmasters]

they put their knee on his neck with their full body weight causing him to suffocate

[@steveturners1258]

Excited delirium is one possibility. Damage to a large vein does not do you any good, either.

[@dangeary2134]

How about covering that case where cops were forcibly sticking catheters into people up in South Dakota?

[@coryb6810]

👍👍

[@charlesbutterfield3464]

Demand to talk to an Attorney first.

[@charlesbutterfield3464]

Blood draws should only be done at a hospital by medical personnel.

[@outcast668]

Personally, I'd rather give blood than take a breathalyzer; far more accurate and impossible to throw out if it's done by a Professional, even with a simple medical technician with a few months/weeks of employment will do. Any defense attorney will tell you to pay for the blood draw, then call them and have the case handled...

[@09FLTRMM77]

MM77 Approved 👍🏼👍🏼

[@tristramcoffin926]

I simply don't care what the consequences are. I am never going to consent to a blood draw from the police. That is highly messed up and we need to protest against this now. I don't even get how a warrant is relevant to the situation. How can a warrant be issued for part of my body?

[@HappyBoxer-nb1mb]

Because that’s where objective evidence of intoxication is….. Seeth and cope, coward…..