Blood draws can be inadmissible in DUi cases – Virginia lawyer

Blood draws are common in Virginia DUI cases

Blood draws are less common in DUI cases than are breath alcohol (BAC) tests. As a Virginia DUI lawyer, I know that such draws are common in Virgini DWI cases, whether to check for drugs beyond alcohol, because of an injured driver, or because an alcohol breath test has been declined.

Non-consensual, warrantless blood draws are inadmissible when obtained through threat of prosecution to refuse

Blood draws in DUI cases may only be obtained with a valid search warrant, by consent, or with exigent circumstances. Birchfield v. N. Dakota, 136 S.Ct. 2160 (June 30, 2016).

In Birchfield, “the United States Supreme Court held, among other things, that ‘motorists cannot be deemed to have consented to submit to a blood test on pain of committing a criminal offense.’ 136 S. Ct. at 2186.” Taylor v. Virginia, ___ Va. App. ___ (April 16, 2018).

The Virginia Court of Appeals okays a pre-Birchfield blood-drawing practice

Ryan Taylor did not benefit from the foregoing United States Supreme Court holding in Birchfield, because his arrest date preceded the issuance of Birchfield. Taylor holds that “Trooper Boelt acted in good faith reliance on well-established precedent in obtaining a blood sample from Taylor. As such, the exclusionary rule does not apply. We agree with the Commonwealth.” Taylor. 

Fairfax DUI lawyer on the importance of fully challenging blood cases

Blood draws in DUI and other prosecutions should be fully challenged from the very outset of defending the case.

Virginia DUI lawyer Jonathan L. Katz has successfully defended hundreds of clients charged with driving under the influence of alcohol or drugs, and thousands of misdemeanor and felony clients. To schedule a confidential appointment with Jon Katz, please call his staff at 703-383-1100.