Can You Be Compelled to Give Blood After a Car Accident?

Car accidents are stressful enough without the added worry of legal questions. One issue that often arises is whether law enforcement can require you to submit to a blood test after an accident, especially if they suspect you were under the influence. At Brinkley Law, we want you to understand your rights and responsibilities in these situations.

Indiana’s Implied Consent Law 

Indiana, like most states, has what’s known as an “implied consent” law. This means that by driving on Indiana roads, you automatically agree to submit to chemical testing such as breath, blood, or urine tests if a law enforcement officer has probable cause to believe you were operating while intoxicated (OWI).

When Can Police Compel a Blood Test? 

Police cannot randomly demand a blood sample from every driver involved in an accident. However, they can compel a blood test under certain circumstances:

• Probable Cause: If an officer has reason to believe you are under the influence (such as slurred speech, the smell of alcohol, or failed field sobriety tests), they may request a blood test.

• Serious Injury or Death: If the accident resulted in serious bodily injury or death, Indiana law allows police to require a chemical test—even if you refuse.

Can You Refuse? 

You can refuse a blood test, but there are consequences:

• License Suspension: Refusal will result in automatic suspension of your driving privileges.

In certain severe cases (like fatal accidents), police may obtain a search warrant to draw your blood whether you consent or not.

What Should You Do? 

If you’re involved in an accident and asked to submit to a blood test, stay calm and know your rights. If you have concerns about how the test was conducted or believe your rights were violated, contact Brinkley Law immediately.

Need Legal Advice? We’re Here to Help. 

Facing OWI charges or questions about chemical testing after an accident? Brinkley Law can guide you through your options and protect your rights. Reach out today for a confidential consultation at 317-766-1379.