Whether the police can take you to the hospital to draw blood after you refuse to continue field sobriety tests and ask to speak with your attorney depends on a few key legal factors. Here’s a breakdown:
1. Implied Consent Laws (Varies by State)
Most states in the U.S. have implied consent laws, meaning that by driving on public roads, you automatically consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI.
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Refusing a chemical test can lead to automatic penalties, such as license suspension.
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Some states allow blood draws without consent if the officer obtains a warrant or under certain exigent circumstances.
2. Warrant Requirement (U.S. Supreme Court Guidance)
The U.S. Supreme Court has ruled:
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In Missouri v. McNeely (2013), the Court held that a warrant is generally required to draw blood unless there’s an emergency or the person consents.
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In Birchfield v. North Dakota (2016), the Court said that refusing a breath test can be criminally punished, but refusing a blood test cannot be punished criminally if there was no warrant.
So:
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If the police had a warrant, they can take you to the hospital and compel a blood draw.
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If there was no warrant, and no emergency (e.g., accident with injuries), they generally cannot force a blood draw.
3. Requesting a Lawyer
You do not have a constitutional right to speak with a lawyer before a chemical test (at least under federal law and in many states), because:
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It’s considered a time-sensitive investigation.
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However, some states grant this right by statute, so your location matters.
Summary
Police may be allowed to take you to a hospital for a blood draw if:
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You were lawfully arrested for DUI.
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They obtained a warrant, or the situation justified an emergency exception.
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Your refusal could result in administrative penalties (e.g., license suspension), even if the blood draw doesn’t happen.
