Area of Law: Criminal Law
Answer Number: 772
Blood and urine tests
Region: Ontario Answer Number: 772The police will normally demand a breath sample if they believe a driver has consumed alcohol or drugs. However, in certain situations they have the legal right to request a blood or urine sample under the supervision of a physician.
When can the police request a blood or urine test?
The police are permitted to request a blood or urine sample if they have a good reason to believe that you were driving after having consumed alcohol or drugs, and if they have a good reason to believe that you will not be able to provide a proper breath sample. For example, if you were in a car accident and injured or rendered unconscious, you may not be in a condition to give the police an adequate breath sample. A doctor must be satisfied that taking the samples will not endanger your life or safety.
Failing a test
If you fail a blood or urine test, you can be charged with other related charges such as impaired driving and driving while exceeding the legal blood alcohol limit. Dangerous driving, and criminal negligence may also arise, depending on the facts.
Although you have the right to talk to a lawyer before letting the police take a blood or urine sample, if you refuse to provide a sample, you can be charged with the offence of refusing to provide a sample.
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