Do I have to give a bodily sample to the police?

3. Give a bodily sample

If the police have a for a bodily sample, you don't have the right to refuse. If you refuse, the police can use force to get the sample from you. If you refuse they can also you criminally with obstruction or in some cases.

DNA profile

Your bodily sample for a DNA profile may include:

  • a piece of hair
  • a blood sample
  • a swab from the inside of your mouth

The Criminal Code says that:

  • the sample must be taken by a police officer trained to take bodily samples, and
  • your privacy must be respected, based on what is reasonable in the circumstances

Blood alcohol concentration test

The police can demand that you give them a blood sample without a warrant if they have to believe you've been driving while by alcohol, and they can't get a breath sample. For example, if you are in an accident and unconscious, or you have respiratory illness.

The police can also demand that you give them a blood sample without a warrant if they have  to believe that you've been driving while imparied by drugs within the last 3 hours of driving. 

Your blood sample is used to determine the concentration of alcohol or drugs in your blood.

They will use your blood sample to determine the concentration of alcohol in your blood.

The blood sample must be taken by a qualified medical practitioner or technician. If you're unconscious, the sample will be sealed. The police will have to apply for a warrant to have the sample unsealed and tested later.

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