Ogdensburg, NY asked in Criminal Law for New York

Q: Is it illegal to refuse a blood test while pulled over if an officer suspects drug use?

Pulled over while on a prescribed medication that caused anxiety and shakiness. Officer that pulled me over searched my car and requested a blood test.

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2 Lawyer Answers
Michael Arbeit
Michael Arbeit
Answered
  • Criminal Law Lawyer
  • Freeport, NY
  • Licensed in New York

A: No, it is not illegal to refuse a blood test, but your license can be revoked if you are charged with driving under the influence of drugs (1192.4). Were you charged with a crime?

1 user found this answer helpful

Elena Fast
Elena Fast
Answered
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in New York

A: It is not illegal to refuse a blood test when you are pulled over and officer suspects drug use. Unless you consent to the blood test, the officer is only able to obtain a warrant for your blood sample if you caused a fatality. Were you charged with a crime?

1 user found this answer helpful

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