Does the police officer have the right to order for DUI testing? 4 Answers as of June 30, 2011

When an officer suspects you of being under the influence of alcohol and submits to a sobriety test and Breathalyzer test and pass, does he have the right to have a blood test ordered?

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Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Only if there is probable cause to believe the suspect is under the influence or some other intoxicant; such as drugs or prescriptions. It is illegal to drive under the influence of any drug or alcohol. The law does not care if you have a prescription or not.
Answer Applies to: Washington
Replied: 6/30/2011
Law Office of Andrew Subin
Law Office of Andrew Subin | Andrew Subin
Yes. If he has reason to believe you are on a drug other than alcohol.
Answer Applies to: Washington
Replied: 6/29/2011
Mercado & Hartung
Mercado & Hartung | Stephanie Hartung
In certain circumstances the officer is allowed to have a warrant issued to secure a blood test. Generally speaking an officer should only seek a breath test, however, if the person is unconscious or there was an accident and someone was severely injured, or the driver is not otherwise capable of providing a breath test than a blood test can be sought. I would need more information about your specific case to tell you if the officer followed proper protocol.
Answer Applies to: Washington
Replied: 6/29/2011
The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
In a case like yours, if the officer requests a breath test and you provide one he/she does have the right to request you submit to a blood draw if he has suspicion that you are under the influence of drugs (prescription or illegal). Such suspicion may be reached by seeing drugs at the scene, the smell of drugs (marijuana), or simply your admission to consuming drugs.
Answer Applies to: Washington
Replied: 6/29/2011
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