Say you get pulled over by a police officer. The officer tells you that he wants you to submit to a blood test to see if you are intoxicated. You say that you’d rather not take the test. Can the officer force you to do so?
The only way that they can do so is by getting a warrant. Without one, they cannot legally force you to submit to a blood test. If they do, it violates your rights.
To get a warrant, the officer needs to contact a judge. It’s more than just asking to get the warrant. They have to explain why they already think you may be under the influence and why they need the blood test to prove it. They may provide evidence such as your driving habits, the smell of alcohol on your breath, the presence of beer bottles in the vehicle or the fact that you caused an accident. No matter what, they have to show the judge that a warrant is necessary.
Many officers can do this in around an hour. They can submit the request from their patrol units. It’s fast. It’s easy. Officers have no reason to skip this step and force you to submit to a test without a warrant.
Unfortunately, many people know that it’s not always this simple. Police officers want you to go along with whatever they ask, and they may not be happy if you refuse. If they then force you to go through the test and violate your rights, you must know what legal defense options you have in Mississippi.