Frequently Asked Questions - Criminal Bar Assoc of New Zealand Inc

What are my rights to refuse to give blood?

There are a few situations in which the police can ask you to give a blood sample. The most common is when the police have stopped you when you are driving, and suspect that you may have drunk alcohol so as to be over the legal limit. In these situations the Police normally administer what is called a “breath screening test” at the roadside. If they think that you might be over the legal limit, they may require you to go with them to a place where they conduct what is called an “evidential breath test”. The results of this test can be used as evidence if you were charged with driving while being over the legal limit. If you refuse to have an evidential breath test, or if the evidential breath test is not available, the Police can require you to give blood instead. This is done by a registered medical practitioner and you may be required to go with the Police Officer to a hospital or surgery for this to be done. If you refuse to give blood then you can be arrested and charged for this. You can only refuse to give blood if this would be harmful to your health.

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