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OVI Questions & Answers
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Answer to: Is it true that, under the new law, I can be forced to give a blood sample if I’m arrested for OVI?Yes! Actually, the law has allowed “forced blood draws” since 1986. The difference is that the law used to require a judge to sign a warrant authorizing a blood draw, using force if reasonably necessary. Under the new law, court intervention is not always necessary. If you have been convicted of two or more offenses within the past six years or five or more offenses within the past 20 years, or if you have been previously convicted of a felony, law enforcement can use whatever force is reasonably necessary to obtain a blood sample without first having to get approval from a judge.
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