Blood Draws | Denver Criminal Defense Attorney

Under Colorado’s expressed consent law, you have the right to demand a blood test if you are suspected of driving drunk.  You absolutely have the right to refuse to provide a sample of your breath or blood. 

In certain limited situations, the police may obtain a sample of your blood without your consent and may even physically restrain you for these purposes: 

  • If you are a suspect  in a criminally negligent homicide, vehicular homicide, assault in the third degree or vehicular assault. 
  • If the officer obtains a search warrant by articulating probable cause to a judge.  This is treated exactly like a search warrant for a home, except that now the enclosed space to be searched is your body.

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