Can police forcibly take your blood in a Montana DUI case?

Yes. In Montana, if you refuse a voluntary blood draw, law enforcement can obtain a search warrant from a judge and forcibly take your blood for testing.

What happens if I refuse a blood test in Montana?

Refusing a blood test in Montana can result in an automatic driver's license suspension for at least six months. Law enforcement may still obtain a warrant and collect your blood.

How is blood collected in a Montana DUI case?

An accused person is transported to a medical facility where a qualified phlebotomist draws blood, typically filling two vials. The samples are sent to the Montana State Crime Lab for testing.

Can DUI blood test results be challenged?

Yes. Blood test results can be challenged if proper collection protocols, chain of custody procedures, or laboratory testing standards were not strictly followed.

Montana DUI Blood Draw Laws | Can Police Forcibly Take Your Blood?

If stopped for a DUI, they will forcibly take your blood

Most people over 30 refer to “the good ol’ days”. For DUI Defense attorneys, the Good Ol’ Days now refer to the days when DUIs were prosecuted with breath test results. Those days are for the most part over. Blood testing is now the norm in Montana and is likely to stay that way. Officers no longer request multiple breath tests; instead, they will obtain blood for testing. An officer will first ask you to voluntarily submit to a blood draw for them, or face a license suspension for refusing to do so. If you say yes, you will voluntarily give them your blood, and they will take it. If you say no, your license will be suspended for at least six months, and they will then forcibly take your blood for testing. Either way, they will get your blood – like a vampire.

Even if this is your first offense, our wonderful Montana Legislature and Montana Supreme Court have authorized law enforcement to be able to forcibly take that blood out of your body, even if you refuse a voluntary blood draw. And there is nothing you can do about it.

How can they forcibly take your blood?

Law enforcement is currently authorized to apply for a search warrant from a judge to obtain a warrant to obtain your blood in the event you refuse to voluntarily provide a blood sample. That’s right, even if you have never been in trouble with the law before, law enforcement can, and will, obtain a warrant to forcibly take your blood for testing.

An accused is taken to the hospital, where a phlebotomist will prepare the area and draw two vacutainers of blood. If you resist, they will restrain you and take your blood. Those blood vials are then shipped to the Montana State Crime Lab and tested. The actual results are an extremely important and misunderstood part of the entire process.

Does that mean you are doomed?

No. Very specific protocols must be followed for a proper blood collection. In addition, a valid chain of custody and testing procedure must be followed for blood to be admitted into evidence at trial. The number of experienced DUI attorneys who have the education and experience in knowing what to look for and how to get these blood tests thrown out is very small. Luckily, at the Judnich Law Office, our attorneys receive special DUI Defense training, including actual blood testing and education to use the Government’s rules against them.

Only the most experienced and educated Montana DUI defense attorneys know what to do in these situations to successfully argue these issues before the Court and win. The average attorney has no idea what to do and is wasting your time and money. Anyone accused of DUI in Montana needs a cutting-edge attorney who is well-versed in bloo d testing and collection techniques to properly defend a current DUI charge. Contact the Judnich Law Office to discuss your case if you want any chance of success in Montana.