Blood Drug Testing

In Wi, if you do the breath test and comes back over the legal limit, can they make you do a blood test also?

My boyfriend did all the field tests they asked, including the breath test. He was over the limit and arrested. At the jail, they then wanted a blood test. He refused it because he said that they breath test was done and they have their evidence. They ended up tackling him to the ground and drew the blood. Is this legal?

Public Comments

1. NO
2. In some States, the field breathalyzer is not considered totally accurate and , for the intoxicated persons benefit, they are required to submit to a breath, blood or urine test once arrested. Your boyfriend could have contested the field test when in court and since it is a preliminary testing device, the case would be dismissed. Testing after arrest is now common in most States.