When a Rochester driver is involved in a motor vehicle accident resulting in serious injury or death and refuses to submit to a breath test or a blood test, the police department investigating the collision may require the driver to undergo a blood test to determine the amount of alcohol in his or her blood.

To compel the driver to undergo a blood test, however, the police must obtain a warrant issued by a judge.

Because such a request must be acted on quickly and accidents where there is a suspicion of alcohol involvement tend to occur at night – when most courts are closed, there are special rules for obtaining such a warrant.

It is permissible for the police officer applying for the warrant to do so over the telephone, and the applicant, not the court, may complete the actual warrant if it is granted.

An officer calling a judge to obtain a blood test warrant must identify himself or herself to the judge and state the reason for the call.

Once the judge understands the purpose of the call, he or she is required to have the remainder of the conversation recorded.

The officer and anyone else supplying information to support the warrant must be placed under oath by the judge.

The officer then must provide specific allegations to the judge to support that the person who is the subject of the warrant was a driver in a motor vehicle accident that involved serious injury or death, that there is reasonable cause to believe the driver is under the influence of alcohol or drugs, and that after being placed under arrest, the driver refused to take a breath or blood test.

If the officer supplies sufficient information to support all of these factors, the court may issue a warrant.

The result of a breath test or blood test is often the most damaging piece of evidence in a DWI case.

If you need an experienced DWI lawyer who understands the law surrounding these tests, call us at 585-484-7432.