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Published on 1/9/2025, 9:53:00 AM

Can the Police Draw my Blood without a Warrant in a MD DUI Case?

If you've been stopped for suspicion of DUI in Maryland, you might wonder if the police can legally draw your blood without a warrant. Blood draws are considered highly invasive and are governed by both Maryland law and the Fourth Amendment of the U.S. Constitution. While warrantless blood draws are sometimes permitted, the circumstances under which they are lawful are narrow and highly fact-specific. These tests are different that hospital blood draws in DUI cases

In Maryland, understanding the rules around warrantless blood draws is essential for protecting your rights and building a strong defense if you're facing DUI charges. Recent Supreme Court rulings, including Missouri v. McNeely (2013), Birchfield v. North Dakota (2016), and Mitchell v. Wisconsin (2019), clarify the legality of warrantless blood draws in DUI cases. These decisions collectively emphasize that while law enforcement has tools to combat impaired driving, the Fourth Amendment's protections against unreasonable searches remain central.

Maryland Law on Warrantless Blood Draws

Under Maryland Transportation Code Section 16-205.1, drivers in Maryland are subject to implied consent laws, meaning they agree to chemical testing (e.g., breath, blood, or urine tests) when suspected of DUI. However, refusing a test comes with penalties, including a possible license suspension.

Even if you refuse, police might still proceed with a warrantless blood draw, but only under limited circumstances. Courts in Maryland analyze these cases under the Fourth Amendment and look for specific exceptions to the general rule that searches require a warrant.

When Can Police Perform a Warrantless Blood Draw in Maryland?

  1. Exigent Circumstances
    Exigent circumstances exist when police reasonably believe that waiting to obtain a warrant would result in the loss of critical evidence. For example, alcohol in the bloodstream naturally dissipates over time, but this alone is not always enough to justify skipping the warrant process. Factors might exist to give more exigency, like a major accident, or resisting arrest that lengthen the time before a person is at the hospital.

  2. Unconscious Drivers
    If a driver is unconscious and unable to consent, Maryland courts often allow warrantless blood draws under the principle that medical needs and the potential destruction of evidence create exigent circumstances, this practice was affirmed in 2019 by the Surpeme Court of the United States in Mitchell v. Wisconsin.

  3. Voluntary Consent
    A driver can voluntarily agree to a blood draw, eliminating the need for a warrant. However, this consent must be clear and not coerced by law enforcement.

  4. Search Incident to Arrest (for Breath Tests Only)

    • Under Birchfield, warrantless breath tests are permissible incident to a lawful arrest due to their minimal intrusion and efficacy in preserving evidence.

How Blood Draw Challenges Are Analyzed in Maryland

If a warrantless blood draw is performed in a Maryland DUI case, courts evaluate the following factors when determining whether the search was lawful:

1. Was There Probable Cause?

Before conducting a blood draw, police must have probable cause to believe the driver was under the influence of alcohol or drugs. For example, erratic driving, slurred speech, or failed field sobriety tests may provide sufficient evidence.

2. Were Exigent Circumstances Present?

The police must demonstrate that waiting for a warrant would have significantly compromised the collection of evidence. Courts will consider:

  • How long it would have taken to obtain a warrant.
  • Whether delays occurred due to medical emergencies or other factors.
  • Whether technology (like telephonic or electronic warrants) was available to expedite the process.

3. Was the Procedure Conducted Reasonably?

The blood draw must be performed in a medically appropriate manner by qualified personnel, typically in a hospital or similar facility. An improper procedure could invalidate the evidence. These guidelines are outlined in Maryland's COMAR.

4. Was the Driver Properly Informed?

In Maryland, officers are required to inform drivers of the consequences of refusing a chemical test under the DR-15 Advice of Rights form. If this step was skipped, the legality of the blood draw may be challenged.

Additional Defenses to a Warrantless Blood Draw

In addition to questioning the legality of the search, other defenses may apply, including:

  • Challenging the Test Results: Blood samples must be handled and analyzed properly to ensure accurate results. Improper handling or equipment malfunctions can undermine the evidence.
  • Lack of Probable Cause: If the initial stop or arrest was unlawful, any subsequent blood draw could be inadmissible.
  • Violation of Maryland's Implied Consent Law: If law enforcement failed to follow the procedures outlined in Maryland's implied consent laws, the evidence could be suppressed.

What This Means for Maryland Drivers

In Maryland, the legality of a warrantless blood draw in a DUI case depends on the specific circumstances of the stop, arrest, and evidence collection process. Courts will not allow law enforcement to bypass constitutional protections without clear justification.

If you've been subjected to a warrantless blood draw, it's essential to consult an experienced attorney who can analyze the facts of your case and challenge any violations of your rights.

Conclusion

The question of whether police can draw your blood without a warrant in Maryland DUI cases is complex and depends on a range of factors. While implied consent laws and exigent circumstances sometimes allow warrantless blood draws, police must still follow strict procedures to ensure the search is lawful.

If you're facing DUI charges in Maryland, don't navigate this process alone. Contact us to review your case and discuss potential defenses to protect your rights and your future.

FAQs

Q: Can I refuse a blood draw in Maryland?

A: Yes, but refusal may lead to penalties, such as license suspension under Maryland's implied consent laws.

Q: What happens if police draw my blood without a warrant?

A: The legality depends on whether exigent circumstances or other exceptions to the warrant requirement applied.

Q: How can I challenge a blood draw in a Maryland DUI case?

A: You can challenge the search's legality, the accuracy of the test, or the procedures used to collect and handle the sample.

Q: Are warrantless blood draws always illegal?

A: No. Courts will consider whether exigent circumstances justified the draw, as outlined in McNeely and Mitchell.

For more information, visit our DUI Defense page or check out our blog post on DUI penalties in Maryland.