In exigent circumstances, a forced draw without a SW is permitted if

• A. It takes longer than 4 hours to obtain a DUI SW
• B. It takes longer than 2 hours
• C. It takes longer than 6 hours
• D. It takes longer than 8 hours

Answer: (A)

Exigent circumstances let officers act without a warrant when waiting would risk losing evidence or creating danger. In DUI cases, the blood alcohol level changes as alcohol metabolizes, so delaying a draw could render the evidence unreliable or inadmissible. A practical rule many departments use is that if obtaining a DUI warrant would take longer than four hours, a forced blood draw without a warrant is permitted to preserve evidence. This threshold aims to balance the need for timely evidence collection with constitutional protections, assuming proper procedures and safety measures are followed.