Taking a sample of blood from a big toe
When speaking of drink or drug driving, it is not unusual to hear about the person who would only agree to supply a blood sample from their big toe. Many people assume that this is a yarn or a tale. However, this issue ended up before the Supreme Court in Ireland in 1997.
When one is arrested for drink driving, the Gardaí can demand that the person provide a sample of their blood or, at their option, urine.
The facts that gave rise to this case arose from an incident that occurred in May 1993 at Camden Street, Dublin, when Gardaí noticed a car being driven erratically. It crossed over a broken white line on four or five occasions. When the car finally stopped, on Harcourt Street, the driver fell out of the driver’s seat and, as he spoke to them, had to lean on the car for support.
He was brought to a Garda Station and a Garda demanded, pursuant to Statute, that he provide a sample of blood for a doctor who was in attendance. He offered his big toe. (The blood or urine sample is sent to the Medical Bureau of Road Safety who test it for the presence of intoxicants). It is an offence, punishable by law, not to provide a sample.
The Supreme Court held that by so doing he was furnishing evidence that he was refusing to supply a blood sample and was rejecting the Doctor’s request. The Court noted that the doctor and Garda showed admirable patience. The Doctor explained that the big toe was not an appropriate site from which to take a blood sample and that it might be dangerous to attempt to do so. He explained that the most appropriate place from which to take a blood sample was the arm, but he did not exclude taking the sample from other parts of the body where it might be safe to do so.
In this situation, the Supreme Court had no doubt that there was ample evidence that the Doctor had made a requirement and that the accused had failed to comply with it.
Moral of the story – do not offer your big toe.