Can The Police Draw Your Blood Without A Warrant?

In simple terms, the answer is, not usually. It used to be quite common in Virginia that the police could choose to give you either a breath or a blood test. Then in 2013, the United States Supreme Court ruled that this was a violation of your Fourth Amendment rights against unreasonable search and seizure.

What Is The Fourth Amendment And How Does It Apply To Drawing Blood?

In the United States Constitution, the Fourth Amendment prevents the government from subjecting its citizens to unreasonable searches and seizures. In the 2013 case, the United States Supreme Court said that drawing blood without either a warrant, or extreme circumstances, what they call exigent circumstances, was a violation of your Fourth Amendment right against unreasonable search and seizure.

What the Supreme Court actually said was not that this was a new policy, but that drawing blood without a warrant had always been a violation. However, it was fairly common practice in many states, including this one.

What To Do If You Feel Your Rights Have Been Violated

If you have any questions about warrantless blood draws or any other area of the law, please feel free to reach out to my office to learn more.