Consenting to a Blood draw

Whenever an individual allows an officer to perform a specific action such as searching one’s car or allowing him or her to draw blood to test for toxicology there are potential criminal repercussions. While many may think this is fairly obvious, the Pennsylvania Supreme Court has recently has recently addressed this in Commonwealth v. Smith (decided on 9/25/13). According to the court, the police were not required to receive consent unless the police would have had to use deceit, misrepresentation, or coercion in seeking consent for the blood draw and testing. In Smith, the Court found that factually this did not apply and reversed the lower’s Court’s findings that the evidence from the blood draw should be suppressed.
This reinforces a common theme that individuals must be aware that their own actions which provide can consent can have serious criminal implications. In many cases, this act of consent can be the sole basis that supports the filing of criminal charges.
You want to speak with an attorney that specializes in handling DUI cases before consenting to such actions.

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