Blood test taken under duress?

[Driver2023]

I've recently been requested to provide a blood sample for police for cannibis. I do smoke recreationnally now and again.

However, after a hate campaign by someone, aswell as several failed attempts to cause trouble for me in other ways. They phoned the police to say I take drugs at the wheel while driving.

This came after a long hard day's work. I was massively dehydrated which im told can effect tests. Also very cold, wet and muddy.

I gave consent for the blood test. However, due to my cold and dehydrated state. The nurse was unable to get bloods on 4 different attempts.

On the 3rd attempt. She stated if she needed a 4th. It would be her last attempt as she could see it was a painful issue and wouldn't try anymore.

After the 4th she said no more, and stood and moved to another part of the room nearer the officer.

She then seemed to change her mind. Asking if she could try again. I said no I'd rather she didn't. Due to the problems she was having and the pain it was causing. I asked if that was OK and what would happen.

I believe the officer then stated it would be actioned. From this i believed id be charged for failing to provide. So felt i needed to continue regardless. But before i could ask any more. The nurse was trying for a 5th time. This time painfully she was able to extract some blood.

Is this legal? Can they use the 5th blood test under these circumstances?

[islandgirl]

Although I do not know the detail of the police procedure I can see no limit on the number of attempts in the legislation: https://www.legislation.gov.uk/ukpga/1988/52/section/7
Presumably the on scene drugs swipe came back positive?
Perhaps other members of the board have more detailed knowledge re the procedure?
Are the results back? Have you been charged?

[Driver2023]

Hi, thanks for the reply.

Yeah, I was swabbed on the scene. The officers stated 8 minute waiting time and could show anything from the previous 4 days. I wasnt too worried. Had been at work all day. But after a few minutes. As we were standing roadside, they actually stated they'd stick it on the dash to speed things up! A minute or so later as time was running out. They stated they could see a line starting to appear, and that was it.

As far as the blood tests go. I think what I was trying to say was, although the 1st 4 were consensual. The 5th test when asked if that was ok, I did say no I'd rather not. However, they then gave the impression it'd go further if I didnt consent to a 5th attempt. Theyfore the 5th test wasnt really taken with complete consent, but under duress.

The results aren't back. I'm told 5 to 6 months before I'll find out. To be honest, I wasn't that worried about them. However, I've now been advised my a medical professional that dehydration can negatively effect a test in some cases. So now I'm worried about that!

[islandgirl]

Thank you for the reply. The officer was right to warn you that if you did not accept a test you would be charged with fail to provide. Indeed I think they have to do so. I do not think this is duress but as I say this is not my area - I am usually sentencing this type of offence! I did not know the results took so long. It would be a good idea to have a chat with a specialist solicitor and be prepared.

[Driver2023]

That's really worrying that they can charge you with failure to provide, even when a medical professional is unable to obtain a sample themselves due to conditions out of my control. Nurse said no more and to stop 1st.

Ive chatted with a cpuple of solictors so far. They say not to worry, but just wait for tests to come back 1st.

So for now, its a case of as much overtime as possible and prepare for the worst!

Thanks again for your advice so far.

[islandgirl]

You may be able to run some kind of abuse of process defence which is why you need a specialist. There is often CCTV of the whole procedure which would obviously help your case if you go this way and things happened in the way you remember. The tests may come back clear in which case no issue.
There is no full guideline for this offence although one should be published soon. This is general info: https://www.sentencingcouncil.org.uk...ce-final-1.pdf
The charge relies on a certain amount of a substance being in the blood (above a limit) but there are no clear boundaries etc like with drink driving. Try not to worry too much - as you have been told it may come back fine.

[Driver2023]

Thankyou so much for the information. Really do appreciate it.

I can't help but worry though. At nearly 50 I've never been in trouble. Former ambulance service and care sector, id like to think i dont have a bad bone in me. I dont even drink. I rely on my licence for work and to care for my parents. Reading though, they have to give out atleast a 12 month ban?

Next 6 months are going to be too long.

[islandgirl]

Of course and I understand. It all depends how long ago you used the drug as it takes quite a while to drop out of your system. A specialist lawyer is your best bet - finding someone and being prepared for the worst may help your worry a little? If the test is positive but you are only very very slightly over the limit you could make an argument re work / parents and ask for 10 points rather than a ban but again you would need specialist advice and I have no idea how likely that would be to succeed as it is outside the guidelines (magistrates can go outside of these but have to have excellent reasons to do so)

[HandyAndy]

The procedure for requiring a blood sample is complex and contains many provisions. If you want to argue that the sample was not lawfully taken, or particularly if you want to argue that the tests are influenced by, say, dehydration, as islandgirl suggests, you really need to consult a specialist solicitor or barrister.

That aside, I believe your claim of “duress” is not likely to fly. The duress you say you suffered was (presumably) because the officer threatened to take action if you failed to provide a sample. But this threat existed when the first attempt was made (in fact the officer was obliged to warn you of such an eventuality) and so was no different in its impact when the later attempts took place. You were actually "under duress" when the first request was made.

Your greater chance of success would have been to have refused any further attempts on the basis that you believed it would cause you physical harm. Then you could have defended your refusal on that basis. Even better would have been for the medical practitioner to refuse to make any further attempts; then the officer would have been obliged to go for a urine sample instead. But you are where you are.

Just one point of clarification from islandgirl’s good advice :

If the test is positive but you are only very very slightly over the limit you could make an argument re work / parents and ask for 10 points rather than a ban

Assuming the charge is “driving” (rather than being “in charge”) whilst over the prescribed drug limit there is no provision in normal circumstances to impose points instead of a ban. The offence carries a mandatory 12 month disqualification. There is the option (as there is with any motoring offence) to find that there are “Special Reasons” not to endorse your licence and impose a ban. Those reasons must be associated with the offence itself and not your personal circumstances. If you are found to have been over the limit from the blood sample you provided, I cannot see, from what you have told us, a court finding Special Reasons.

I'm told 5 to 6 months before I'll find out.

If they mean it will take that long to get the results, that will be handy. The police cannot begin court proceedings for drug driving later than six months after the alleged offence.