Additional Information:
Can a police officer or state trooper force an individual to take a blood alcohol test? I was involved in a serious car accident on Rte 495 recently and the passenger of the other vehicle was taken to the hospital.  I thought I had the choice to decline taking a blood alcohol test, but the officer forced me to take one. What does that mean and what should I do now?
ATTORNEY ANSWER:
Unless the State Trooper or Officer has a warrant to take your blood they cannot force you to provide a sample of your blood. Like breath testing, they can ask you to submit to a blood sample if you are in a hospital and under arrest for OUI. Otherwise they do not have any right to force you to provide a sample of your blood for testing. You should speak with a certified drunk driving attorney to determine your course of action. Feel free to contact me for a free consultation. Â
Massachusetts Drunk Driving Attorney, James Milligan represents clients charged with DUI DWI OUI in Boston and throughout Massachusetts and Barnstable, Bristol, Essex, Middlesex, Norfolk, Plymouth, Suffolk and Worcester Counties.
