DUI Blood Test Search Warrant Michigan

What is a DUI Blood Test Search Warrant?

When a driver is suspected of driving drunk, Michigan’s Implied Consent Law requires that the accused be advised of chemical test rights that relate to the administration of an evidential blood, breath or urine test. Essentially, the accused is advised that he or she is required to submit to such a test at the request of a police officer.

The test will not be given without a court order if a person refuses to submit to the test. (Michigan DUI Blood Test Search Warrant). In that case, the police officer will prepare an affidavit in support of an application to the judge or magistrate for a search warrant.

Can the validity of a DUI Blood Draw Search Warrant be contested?

The validity of the Michigan DUI blood draw search warrant is a constitutional prerequisite to the admissibility of the evidence resulting from the search at trial. In the context of a drunk driving prosecution, this means that any challenge to the lawfulness of the Michigan DUI blood test search warrant may bear on the resolution of the case to the extent that it calls into question the admissibility of BAC evidence.

If the Michigan DUI blood test search warrant is successfully challenged and the court suppresses the results of the search, the prosecutor may not be able to prove every element of the case at trial. This is true in every drunk driving OWI / DUI case, whether a misdemeanor or felony.

How can the admissibility of results from a DUI blood test search warrant be challenged?

There are several avenues available to challenge the admissibility of a blood test result at trial. The first line of defense relates to the legality of the stop, detention and arrest of the accused. For example, if the arrest can be challenged for lack of probable cause, the results of any blood test become moot as “fruit of the poisonous tree”.

The next potential challenge involves the sufficiency of the affidavit in support of the search warrant. An experienced Michigan DUI criminal defense lawyer can request a Frank’s hearing to challenge the information contained in the affidavit.  It may result in suppression of the blood test results if the court deems the affidavit insufficient.

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The reliability of the DUI blood test results can also be challenged within the context of three critical stages of the blood testing process: the blood draw; the storage, preservation and storage of the sample; and the gas chromatography testing of the sample at the lab. A successful challenge to the protocols followed in each stage may result in suppression of the blood test results.

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If you find yourself facing a criminal charge that resulted from a DUI Blood Test Search Warrant Michigan, you are urged to consult with an experienced drunk driving OWI / DUI lawyer to assess whether the search warrant can be successfully challenged.

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Summary
DUI Blood Test Search Warrant
Article Name
DUI Blood Test Search Warrant
Description
A DUI Blood Test Search Warrant must be obtained to collect a blood sample when a person refuses to submit to a test to quantify their BAC. However, a search warrant can be contested.
Author
Duke Law Group