Yes. They can.

Under certain conditions, recent changes in Wisconsin law mean you can be swabbed for DNA without having been convicted of a crime. In fact, even if you are merely arrested, a police officer can submit you to an invasive swab test.

When Can You Be Swabbed For DNA?

Previously, you were only able to be swabbed for DNA if you had been convicted of a felony or a sex offense. Now you can be swabbed if you are arrested for a violent felony and if you are convicted of any crime, whether that crime is a felony or misdemeanor.

This does not mean, however, that you do not have rights. It also does not mean that the process for a DNA swab is not itself subject to legal rules designed to protect your rights.

Also, remember: a DNA swab cannot be administered under just any kind of arrest. It has to be an arrest involving a violent felony. If you have been pulled over for DUI, for instance, law enforcement in Wisconsin would not be entitled to subject you to a DNA swab test.

The expansion of the state’s right to subject you to invasive evidence collection methods such as a DNA swab (in which an object can be placed into your mouth legally) means you need to know how to protect yourself. If you are worried about whether your rights are being observed, you can turn to an experienced criminal defense lawyer to help you understand your options.

Where Can I Turn For Help?

An experienced lawyer can provide you with the judgment you need in any gray areas, particularly if you are being subjected to an illegal DNA swab. Contact criminal defense attorney Craig Kuhary in Waukesha to schedule a free consultation. You can reach him by phone at 262-442-6681 and online as well.

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