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Can the police draw your blood after a drugged driving arrest?

Certain driving behaviors might lead the police to pull you over. If you weave, drive too slowly or stop for seemingly no reason, police might suspect that you are under the influence of drugs or alcohol.

If roadside breath testing shows no alcohol in your system or if officers have probable cause to suspect that you are under the influence of drugs, they might arrest you for impaired driving. When they do so, can they test your blood as part of the arrest?

Blood tests are legal when someone consents to them

The police officers arresting you can ask your permission to perform a blood test. They may even attempt to pressure you into agreeing to it. Many times, the blood test performed by police turns out to be perfectly legal because the person arrested consented to the test.

Blood tests are legal when performed as part of emergency care

Knowing what chemicals someone has in their body can play a major role in the care someone receives. For example, if you abused prescription painkillers, the administration of an opioid when you arrive at the hospital after a car crash could result in an overdose.

Many emergency rooms will immediately do chemical testing on patients coming in to the facility. This lets them know what someone has in their system so they can give them the safest treatment possible.

Provided that medical professionals test you as part of their care and treatment and not because officers specifically request a drug test, the results of those tests can potentially serve as evidence in criminal proceedings.

Regardless of whether there is chemical evidence or not, a drugged driving charge in Illinois is serious. An experienced attorney can help protect your rights and discuss your options with you.