legal
 






 

Question by  zeeeall (52)

Is there a law that says a blood or urine test is required in case of an auto accident?

How is it determined who gets a blood test when there is an accident? Do you have to consent?

 
+7

Answer by  patti (29325)

There is no law that requires that blood or urine be collected following an auto accident. Unless incapable of doing so, adults must consent to medical procedures.

 
+6

Answer by  patti (29325)

Failure to consent to a test to determine alcohol/drug consumption is not wise. The officer will report his/her observations, which will be considered conclusive without medical tests to dispute it.

 
+6

Answer by  Catteni (29)

There is law requiring road sobriety tests. If you do not consent you will lose your license. If it involves a Workmans Compensation claim or it's a job in which you drive for the company then, by policy, they can fire you for refusing the test. It's always best to stay clean in any event.

 
+6

Answer by  Liz59 (10966)

No there is no law that is required in case of an accident. You may need proof of injury to other body parts or trauma and or depression if you wish to have a case.

 
+6

Answer by  patti (29325)

A blood test can be requested if drugs/alcohol are suspected in the accident. The law varies from one state to another. The blood test can serve to protect the accused or at-fault parties. Refusal is seen as an indication of guilt and in many states, results in suspension of driving privileges.

 
+6

Answer by  Huntress (1935)

Many states now have laws on the books that allow police officers to take blood for testing if they have sufficient grounds (believe that alcohol/drugs was a factor).

 
+6

Answer by  Roland27 (16334)

If the Police Officer responding to the scene suspects that you are under the influence of drugs and alcohol they can test you, no questions asked and you cannot disagree.

 
+5

Answer by  flamiss22 (5081)

If the police suspect you were drinking and that is what caused the accident they are within their rights to ask for a sample and they can make you.

 
+5

Answer by  withluck (1745)

Generally, blood or urine tests are determined necessary by law enforcement officers or medical personal. If you do not consent to the tests, you will look guilty anyhow.

 
+5

Answer by  TheAnswerFairy (2345)

The police or the District Attorney's office can request a blood or urine sample if they believe you may have been under the influence of something at the time the accident took place. It is the same situation as when an officer does a field sobriety test; technically, you can refuse, but it is considered an admission of guilt.

 
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