Can the Police Test My Blood or Urine Without My Consent?

Iowa’s implied-consent law is not the only way police can obtain chemical-testing evidence in an OWI investigation. Police may also seek a search warrant for a blood specimen when they have probable cause and satisfy the warrant requirements.

Recent Iowa appellate decisions have reinforced that implied consent is not necessarily the exclusive route. In some circumstances, law enforcement may obtain a warrant for chemical testing instead of relying on the implied-consent procedure.

What If I Am Unconscious or Unable to Consent?

Iowa Code § 321J.7 separately addresses situations in which a person is unconscious or otherwise incapable of consenting or refusing. The statute permits testing under specified circumstances, but law enforcement must comply with the statutory requirements.

Lucas Taylor represented a defendant in a Mahaska County OWI case in which police obtained a urine sample while the defendant was hospitalized and unable to consent or refuse.

The court found that the certification used to obtain the sample did not comply with Iowa Code § 321J.7 because it failed to explain why the defendant was incapable of consenting or refusing and because it was signed by a registered nurse rather than one of the medical professionals authorized by the statute.

The court suppressed the toxicology report from the urine specimen resulting in the case being dismissed.

What If I Refuse a Chemical Test?

Refusing a test requested under Iowa’s implied-consent procedure can carry significant driver’s-license consequences. But a refusal does not necessarily prevent law enforcement from obtaining chemical evidence.

Depending on the circumstances, police may instead seek a search warrant. If a valid warrant is issued, the warrant, rather than the person’s consent, provides the legal authority for the test.

Can Police Force a Blood Draw After Getting a Warrant?

A valid warrant can authorize collection of a specimen without the person’s consent.

The legality of a warrant-based test can still be challenged. Issues may include whether probable cause supported the warrant, whether the warrant was properly issued, and whether law enforcement complied with statutory and constitutional requirements when executing it.

The Rules Matter

Chemical testing in an OWI case can involve several different legal routes: implied consent, testing of an incapacitated person, or a search warrant. Which rules apply depends on how law enforcement obtained the specimen.

Lucas Taylor has successfully challenged chemical-testing evidence where police failed to comply with the statutory requirements. In the Mahaska County case discussed above, that resulted in suppression of the defendant’s urine toxicology report.

Read the Court’s Ruling

Download the Court’s Ruling

Implied Consent Ruling on Motion to Suppress_Redacted