Legal DUI Blood Warrant

LEGAL DUI BLOOD WARRANT

State of , County of — In the matter of: Suspect Name: ; Date of Birth: ; Case Number: .

Arresting Agency: ; Arresting Officer: ; Badge/ID: .

Date and Time of Arrest: Time: ; Location of Arrest:

RECITALS

WHEREAS, the undersigned affiant, a law enforcement officer of , has submitted an affidavit asserting probable cause to believe that the person identified above has committed an offense involving operation of a vehicle while under the influence of alcohol and/or drugs; and

WHEREAS, based upon observations, field sobriety testing, breath or preliminary screening results, statements, and other corroborating circumstances described in the affiant's affidavit (filed contemporaneously and incorporated by reference), there is probable cause to believe that the subject's blood contains alcohol or controlled substances and that analysis of a blood specimen is material evidence in the investigation and prosecution of the offense; and

WHEREAS, the affiant represents that consent to obtain a blood specimen was not obtained, or that exigent circumstances exist such that immediate procurement of a blood specimen is necessary to preserve evidence that would likely be lost or degraded if delayed.

AFFIDAVIT SUMMARY

Basis for Request (select all that apply):

ORDER

NOW THEREFORE, upon review of the affidavit and other supporting information, and upon a finding of probable cause, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

1. FINDINGS: The court finds probable cause exists to believe that a chemical analysis of a blood specimen taken from the person named above will produce evidence of intoxication or presence of controlled substances relevant to the alleged offense.
2. AUTHORIZATION: The named law enforcement agency and its agents are authorized to detain the person named above, to obtain a venous blood specimen, and to direct medical personnel to draw such blood for purposes of toxicological analysis consistent with applicable law and medical standards.
3. SCOPE: This warrant authorizes the collection of blood for testing of alcohol concentration and presence of controlled substances and their metabolites. The specimen shall be collected in sufficient volume and properly preserved for forensic analysis and possible independent testing by defense counsel.
4. MEDICAL PERSONNEL: Any licensed physician, registered nurse, phlebotomist, or other qualified medical professional at is directed to draw the blood specimen in a reasonable manner and to permit law enforcement to collect and secure the specimen. Medical personnel are to adhere to accepted medical and safety protocols and to document time of draw and identity of collector.
5. FORCE: If necessary to effectuate this order and to prevent destruction of evidence, reasonable force may be used by peace officers only to the extent authorized by law. The use of force must be documented contemporaneously and reported to the issuing court.
6. CHAIN OF CUSTODY: The seizing officer shall cause the specimen to be labeled, sealed, and secured in a tamper-evident manner, and must prepare an evidentiary chain-of-custody record that identifies each person who handles the specimen from the time of collection through delivery to the forensic laboratory.
7. TESTING AND PRESERVATION: The designated forensic laboratory shall perform tests for alcohol concentration and controlled substances using accepted forensic methods. The laboratory shall retain portions of the specimen as required by law and shall provide results and certification to the prosecuting authority and defense counsel upon request.
8. RETURN: The affiant shall make a return of this warrant to the issuing court within days of issuance, documenting the time of execution, identity of persons involved, the chain-of-custody, and any use of force.
9. NOTICE: A copy of this warrant and of the return shall be furnished to the person from whom blood was drawn, to defense counsel upon request, and to the laboratory, subject to any applicable privacy or confidentiality protections.

PROCEDURAL AND LEGAL PROVISIONS

GOVERNING LAW: This warrant is issued pursuant to the laws and constitutional provisions authorizing the issuance of search and seizure warrants and compelling the taking of bodily specimens in criminal investigations. It shall be construed consistent with constitutional protections afforded by the Fourth and Fourteenth Amendments as interpreted by controlling law.

ENTIRE AGREEMENT: This document constitutes the complete judicial order authorizing the collection of a blood specimen in this matter and supersedes any prior oral or written authorization relating to the same subject matter.

SEVERABILITY: If any provision of this warrant is held to be invalid or unenforceable, the remainder of the warrant shall remain in full force and effect.

AMENDMENTS: This warrant may be amended only by further written order of the issuing judge upon application establishing additional probable cause or changed circumstances.

NOTICES

CERTIFICATION AND RETURN

The affiant shall, upon execution, file a signed return setting forth the date, time, place of collection, identity of medical personnel, chain-of-custody documentation, and a brief statement of any circumstances of noncompliance or use of force.

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