A Lawrenceburg, Indiana man is suing the local police for a catheter being forced into his penis, in order to get a urine sample. Jamie Lockard was stopped on suspicion of DUI when he ran through a stop sign. After taking a breath test, the police obtained a search warrant, and he was taken to a local hospital for blood and urine samples.
When Lockard was unable to provide a urine sample and refused to drink any liquids to help produce a sample, the police forcibly restrained him and a catheter was inserted. Obviously, Indiana law enforcement strongly suspected that Mr. Lockard was under the influence of drugs, or possible drugs and alcohol at the time that he was driving. Otherwise, there would seem to be no basis for obtaining a warrant.
Mr. Lockard filed a complaint in federal court and is seeking an unspecified amount in damages and a trial by jury.
Under Washington DUI law, the police can obtain a warrant to draw blood only in a limited number of situations involving a Driving Under the Influence Arrest. If you or someone you know was forced to provide a blood sample following a Washington DUI arrest, it is important that they speak with an experienced WA State DWI attorney as soon as possible. There will probably be one or more ways to try and suppress the blood draw and keep it from being admitted into evidence in your DUI case.