Is that legal to order blood and urine tests if a person was not driving and without their consent?

UPDATED: Jun 25, 2014

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Is that legal to order blood and urine tests if a person was not driving and without their consent?

I was recently booked and released after being taken to the ER for trauma to the brain after being in a fight. I am a 34 year old female 125 lbs. 5’8″ and was assaulted by a male in his mid-to-late 30’s and a woman, also 34 and 160 lbs. The event occurred on my property after asking them to leave multiple times. I thought assault was a verbal threat and battery. I was arrested because he said we believe it’s better to only take 1 party to jail and it’s based on the officer’s discretion and he figured I could have stopped it, so he took me. He ordered a blood and urine test without asking my consent. I wasn’t driving. I heard him whispering to the nurse about it. Seems fishy.

Asked on June 25, 2014 under Criminal Law, Oregon


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upon what you have written, since you were in a medical facility being treated it was within the medical facility's discretion to have blood and urine work ordered for your safety due to potential internal injuries. The police officer has no right to order such tests.

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