Can the police take a blood or urine sample from you at the hospital without your permission?
Question Details: I had car accident where I hit a couple mail boxes I was taken to the hospital by EMS where the hospital said I had an overdose.
As a general rule, a police officer must first obtain a search warrant before they can force you to give a blood sample in the course of a DUI investigation. However, there are exceptions to this. The first is for the police to get a blood draw if the driver consents to it; the second is where the driver is in accident that involved fatal or serious injuries to other parties or serious injuries to the driver; or third is if the driver is taken to the hospital after the accident and takes the driver's blood for medical purposes, then the state can later subpoena the hospital's records to help prove that the driver was DUI. Additionally, a urine speciman cannot be forced but your driver's license can be suspended for refusing to provide such a sample after being arrested for DUI; the same is true for refusing a blood test.