Michigan OWI Blood Test Search Warrant

While Michigan drivers can refuse a breathalyzer test after an operating while intoxicated (OWI) arrest (with some consequences), most law enforcement agencies will attempt to obtain a search warrant in order to administer a blood test. If your case involves a Michigan OWI blood test search warrant, you should immediately contact a defense lawyer to determine if this warrant was lawful.

In order to prove an OWI case, the prosecution often relies on the blood alcohol content (BAC) reading as evidence. If a driver doesn’t cooperate by taking the breathalyzer test, the police may try to strengthen the OWI charge by asking a judge to sign a search warrant for a blood test. This is especially true in OWI accident cases involving serious injuries and/or death.

The first thing an OWI defense lawyer will do if a client was subjected to a court-ordered blood test is conduct an investigation to determine the validity of the search warrant. For example, if the blood test was administered before the officer had a physical copy of the search warrant, an attorney may argue that it was invalid. And you never know what your lawyer might find.  In one case handled by the Barone Defense Firm the warrant had the wrong person’s name on it!

Even if the blood test search warrant is deemed valid, there are several ways to challenge the test. Blood tests must follow a very specific chain of command—if any part of that chain is missing, the results of the test could be thrown out. Improperly administered blood tests can also falsely inflate the BAC reading.

At The Barone Defense Firm, our lawyers have taken a special interest in the validity of the Michigan OWI blood test warrant. We can investigate every aspect of your case to find if a search warrant should have been issued. Our lawyers have also received in-depth training on the blood test, and can challenge the BAC results if they are inaccurate.

While our law firm offers top-notch defense for OWI cases, we still offer reasonable attorney fees and payment plans to accommodate your circumstances. During your free initial consultation, we will learn more about your charges and the blood test search warrant and offer advice on how to proceed with your case.

To schedule your free case evaluation, simply fill out the online form or contact our law office today.

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