can a cop make you give blood if you are not driving and he thinks your under the influence?

Answer 1

No. You have to consent. A cop can't make you do anything you do not want to do.

Answer 2

The correct answer to this will depend on the state you are in at the time and the circumstances behind the request. In almost all states an officer can NOT request a blood draw for a standard traffic stop where he believes you may be intoxicated. However, if you are involved in an accident involving serious injury or death then in most states the officer can not only request but forcibly have blood drawn to determine your level of sobriety if he believes you are intoxicated at the time. Keep in mind the officer does not take the blood, but has a paramedic, nurse, DR, etc. draw it for the officer with a special kit.
Remember that driving is not a right but a privilege thus giving law enforcement more leeway.

Answer 3

Never heard of an Officer demanding blood if you were not driving. He can request it but you dont have to give it.

To clarify in the State of Il. an Officer can transport you to the hospital and have staff draw blood during a DUI as part of his sobriety testing but you can refuse. The only time you can't is if you were involved in an accident which caused the death or great bodily harm on anyone involved in that accident. Then you can't refuse. Those cases are usually quickly screened by an assistant states attorney to make it a court order. ASA's are availbale 24/7. Your state may be different.

Answer 4

Just to straighten things out for some of you. The officer doesn't actually do the blood draw, a phlebotomist does the withdraw. Its not done on the side of the road either.

I don't know what the laws in your area are in regards to intoxication testing.

In Cali, If I need a chemical sample, blood sample, to prove someone is, or is not, under the influence of a narcotic I can force a blood draw.

Answer 5

No, he cannot make you give blood or anything else if you are not driving. It is the drivers responsibility for the conduct of all in that vehicle.
Are you underage? If so the most he can do is have you taken into custody and they will have your parent or guardian notified to pick you up.
If your not driving, you do not have to have a breath or urine test either. Again, if you have an open alcohol beverage in a vehicle it is the drivers responsibility.

Answer 6

No, but depending of your state laws he can arrest you if he thinks you show sings of being under the influence.

Car or no car, in most states "public intoxication" is illegal. That is in theory but most of the time cops don't want to waste their time with drunken people that are not driving, uless you try to get nasty, then you are asking to sleep on a jail.

Answer 7

Techincally, yes - if they have probable cause (they think you have been drinking), because in most states it is illegal to be drunk in public.

If you refuse, they can go ahead an arrest you. You will have a hard time defending your innocence at this point - sorry but the assumption of innocense doesnt apply in practice for lesser crimes.

If you did it and failed the blood test, it proved their probable cause and your screwed.

If you did it and passed, you should have gone free, unless they charged you with something else.

Unfortunately, we have a lot less rights that we believe.

Answer 8

All a cop can do is use a Breath-o-lizer and A Couple other tests like Walking in a straight line or following a pen with your eyes. They can't make you draw blood. And by the way, drawing blood and testing can take longer then the tests.

Answer 9

Syntactics easily. In each state, this is against the law for a motive force to operate a vehicle at the same time as impaired with the help of the outcome of alcohol or drugs. the certain offense will be referred to as using less than the impression (DUI), using at the same time as intoxicated (DWI), operating less than the impression (OUI), or perhaps operating a motorcar intoxicated (OMVI). even with the certain identify, DUI rules make it unlawful for someone to operate a vehicle, truck, motorbike, or commercial vehicle. In Missuouri, the position I have a TON of adventure with inebriated drivers and employing the RSMO (Revised Statute of Missouri) there is continuously confusion between using the acronyms DWI and DUI in Missouri and Kansas. DWI stands for "using at the same time as Intoxicated". DUI stands for "using less than the impression". they're fairly an identical element and are frequently used interchangeably. Missouri is technically a DWI, using at the same time as Intoxicated, state, because it extremely is how the Missouri statute is written. Kansas is technically a DUI, using less than the impression, state because it extremely is how the Kansas statute reads. both way, they're surely an identical element. The time period DUI seems to have received more advantageous acceptance in American language and so one will listen it used more advantageous typically. some jurisdictions, really city courts in Kansas, search for suggestion from with those expenses as OUI's, "operating less than the impression". again, this is all an identical and also you may want to elect the suggestions of an experienced and knowledgeable lawyer to guard you antagonistic to this kind of fee. i desire this has been powerful.

Answer 10

No a cop does not have that right, but they can arrest you and have you taken to the hospital for the test. Remember your Miranda rights and you can't go wrong.

Answer 11

no a cop cannot make u give bood if ur NOT DRIVING but r under influence