Can You Forcibly Resist a Blood Test?

WordPress records the search terms people use to find this blog. Some unknown person typed the above question in a search engine and found this blog. My answer follows.

It is physically and actually possible to forcibly resist a blood test. But, that is not what the questioner was asking. A better inquiry is whether a person can forcibly resist a blood test and not suffer adverse legal consequences.

Absent a search warrant, the police will probably not force a blood draw. The consequence for refusing a blood test (or urine or breath test) is that the person will receive a longer driver’s license suspension under the Illinois statutory summary suspension law than if the person had submitted to and failed testing.

What if the police have a search warrant authorizing a blood draw? In that case, the person really doesn’t have a choice: the person must submit to the blood draw. If the person forcibly resists the blood draw, further criminal charges in addition to the person’s DUI charge (such as obstructing a peace officer) may result.

Jeremy Richey

1 Response to “Can You Forcibly Resist a Blood Test?”

  1. 1 Jackie October 18, 2010 at 8:23 am

    Thank you for the article. I was for some reason under the impression you’d be required to take a blood test if you refused a breathalyser test. This article pretty much clears up a few things. Thanks.

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Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.