Blood Draws

Is It Illegal For Police Officers To Draw Blood?

No, it is not.

When Is It Absolutely Necessary For A Police Officer To Draw Blood?

It is not necessary, however the police want to do it for their investigation. If the police decide not to do a breath test and they want a blood test instead, then they will try to do the blood test within two hours of the stop or of when the person was driving. The officer will get a certified phlebotomist to draw the blood. Every police agency does it differently, so some police agencies take people to hospitals for the blood draw, some have a certified phlebotomist who drives to the DUI station and does the draw, and others have officers who are certified phlebotomists so they can do the draw themselves. But the goal is always do the draw within two hours of the driving.

Do Blood Draws Usually Provide More Accurate Evidence?

Assuming that the blood test was done properly and it was tested properly, the blood draw result will be more accurate than the breath test results.

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