Question: What is the process for obtaining a forced blood draw in Oklahoma DUI case?
Answer: So this is a pretty hot issue in Oklahoma. The process for obtaining a forced blood draw, there’s actually a statute that the state relies on claiming that there are mandatory blood draws when there is a death or a serious bodily injury involved. There’s case law out there saying that there are no such things as forced blood draws, that you need to go get a warrant unless some kind of exception applies. But again, in Oklahoma the state would contend that there are such things as forced blood draws, but again, case law from across the nation would say there’s no such thing as a forced blood draw. And rarely do you ever see law enforcement get a warrant in the state of Oklahoma.
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