Can police ask for consent to blood test in my sleep? 6 Answers as of July 22, 2014

Good afternoon. I was arrested for OWI. I was given all the OWI test and failed. The officer asked me if I had taken anything. I told him I was on medication (Ambien) and then fell back to sleep. They had me sign a consent form to withdraw my blood in my sleep, is this legal? The charges were dropped.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Michael Breczinski
Michael Breczinski | Michael Breczinski
No it is not legal. That is why the charges were dropped.
Answer Applies to: Michigan
Replied: 7/22/2014
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
As long as your consent was freely and voluntarily given while you were conscious, I wouldn't think it would make any difference whether you are awake or asleep. Had you not given consent and they had drawn blood while you were sleeping, this could have been a battery charge, but you would still have to get over the large hurdle that is governmental immunity.
Answer Applies to: Michigan
Replied: 7/18/2014
Cindy Mannon
Cindy Mannon | Cindy Mannon
If the charges were dropped that's great! Legal? Perhaps not; however, I doubt if you will find an attorney to pursue a civil case since the charges were dropped. Sorry it happened to you though.
Answer Applies to: Michigan
Replied: 7/16/2014
Law Offices of Ezra N. Goldman
Law Offices of Ezra N. Goldman | Ezra Goldman
If the charges were dropped, what is the issue?
Answer Applies to: Michigan
Replied: 7/16/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
What are you attempting to do, if the charges were dropped it would seem there are no damages.
Answer Applies to: Michigan
Replied: 7/16/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    I don't understand how you could give consent or sign in your sleep. Either you are awake or you are asleep. You would have to be conscious to give consent. You may have a valid defense that could get your case dismissed. Seek out a consultation with an experienced DUI/OWI attorney in your area at once.
    Answer Applies to: Michigan
    Replied: 7/18/2014
Click to View More Answers: