Lawyer for refusal to provide biological samples
Are you accused of refusing the taking of biological samples after a traffic stop?The refusal is a distinct offence, even if the blood alcohol level would have been below the criminal threshold.I review whether the request was lawful, whether you were properly informed and whether sampling was genuinely impossible.
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What is your situation now?
Choose the scenario closest to your situation.
You said you did not want to go to hospital
It is examined whether the consequence of refusal was clearly explained and whether the request came from a competent officer under the law.
Blood could not be taken for medical reasons
A failed sampling is not a refusal. The medical record and the statement of the medical staff become essential evidence.
You left the hospital before sampling
The reason for leaving, the waiting time and whether you were informed that leaving counts as evading sampling are analysed.
You were stopped after a road event
Where a refusal appears in a case with injured persons, the charges accumulate and the defence is coordinated with the one in a road accident with victims case.
What I review immediately in refusal cases
I check:
- who made the sampling request and under what conditions;
- whether you were informed of the consequences of refusal;
- how the refusal was recorded in the report;
- whether a preliminary test justified the request;
- your medical condition at the time of the request;
- the clinical examination sheet and the notes of the medical staff;
- the time spent in the medical unit and the reasons for leaving;
- whether you were offered a further sampling;
- any language or communication barrier;
- video recordings from traffic or from the medical unit;
- the statements of witnesses and officers;
- any related charges in the same case.
What you should send me
If you have them, send me:
- the report recording the refusal;
- proof of withholding the driving licence;
- the clinical examination sheet or documents from the medical unit;
- medical records regarding your conditions;
- the summons or ordinance received;
- the statement given, if you have a copy;
- the details of witnesses present at the time of the request.
If you have no documents, tell me what was requested, what you replied and what happened at the medical unit.
What art. 337 of the Criminal Code provides
The refusal, opposition or evasion of a driver from the taking of biological samples needed to establish the blood alcohol level or the presence of psychoactive substances is an offence under art. 337 of the Criminal Code.
The act is distinct from driving under the influence. It can be established even if the analysis, had it been carried out, would have shown a value below the criminal threshold.
Refusal, opposition and evasion
Refusal means a clear manifestation rejecting the sampling after it was lawfully requested.
Opposition means active resistance to the sampling, while evasion consists of conduct placing the person outside the procedure, for example by leaving the medical unit.
Mere hesitation, asking for clarification or an objective impossibility do not carry the same legal meaning.
Lawfulness of the request and proper information
The request must come from a competent officer and fall within the situations provided by law.
The person must be informed about the purpose of the sampling and the consequences of refusal. The absence of that information can be invoked in defence.
Medical impossibility of sampling
Not every unsuccessful sampling means refusal. There are medical situations in which sampling cannot be performed or is contraindicated.
These must be recorded by the medical staff. Medical documents and the statements of medical personnel support this defence.
Relation to drunk or drug driving cases
A refusal may be investigated alone or together with a charge of drunk driving or drug driving.
Frequently asked questions
If my blood alcohol was below the threshold, am I still liable for refusal?
Yes. The refusal is a distinct offence under art. 337 of the Criminal Code, independent of the value the analysis would have shown.Can I ask to be tested only with the breathalyser?
Preliminary testing does not replace biological sampling when the latter is lawfully requested.Blood could not be taken. Is that a refusal?
No, if the impossibility is objective and medically recorded. The difference is proven with the documents of the medical unit.I asked to speak to a lawyer first. Does that count as refusal?
Asking to consult a lawyer is not automatically a refusal. The concrete conduct and how it was recorded are what matter.What happens to my driving licence?
The licence is withheld and the right to drive suspended during the proceedings. The final situation depends on the outcome of the case.What outcomes are possible?
Depending on the evidence: dismissal, acquittal, waiver of prosecution, postponement of the penalty or a suspended sentence.
Contact | Free initial assessment
Tell me in a few sentences what happened and I will tell you concretely what the next steps are. The first assessment discussion is free.
Official resources
- Legislative Portal - Criminal Code, art. 337 on refusal or evasion of biological sampling. (Legislation)
- Legislative Portal - Criminal Procedure Code, provisions on evidence. (Legislation)