Can the police and hospital do tests on my minor daughter without even contacting me?
Question Details: My 17 year old daughter was pulled over for having things hanging from her rear view mirror. Upon pulling her over they determined that she was driving while high. They arrested her and took her to the hospital for a blood test. They the took her to jail.
My research suggests that without consent, an officer has to get a warrant in order toobtain a blood test for purposes of providing a sample (the officer does not, however, need a warrant in order to demand that the driver take a breath test). Since it is not clear whether your daughter gave her consent, you may or may not have a case. As to her being a minor, the courts require that an arrestee’s consent be voluntary to justify a warrantless blood draw. While their age and a parent’s presence are relevant, these factors are not necessarily determinative in assessing whether or not consent was voluntary under the circumstances. At this point, you should consut directly with a DUI attorney in your area; they can best advise further after reviewing all of the facts of the case.