S'pore man arrested for suspected drink-driving acquitted despite refusing to provide blood sample

A man who had previously been arrested for suspected drink-driving was acquitted of an offence despite refusing to provide a blood sample at a hospital when police had asked him for it.

Muhammad Rajis Abdullah had been charged with failing to provide a blood sample, The Straits Times (ST) reported.

However, a provision in the Road Traffic Act (RTA) led to his acquittal.

According to the provision, a police officer can only compel a hospital patient to provide a specimen for analysis if given the green light by the registered medical practitioner in charge of the patient's case.

ST reported that a district judge said in written grounds issued on May 18 that the police could not lawfully demand a blood specimen from Rajis without explicit authorisation since he was a hospital patient then.

Failed to prove beyond reasonable doubt

According to documents, this meant that the burden was on the police to secure authorisation from the medical practitioner in immediate charge of the arrested person’s case before the police could require the arrested person to provide a specimen of his blood.

He added that the prosecution had failed to prove beyond a reasonable doubt that Rajis' doctor had authorised a blood sample to be taken from Rajis.

According to court documents, the police could not lawfully compel the arrested person who is at a hospital as a patient to provide a breath or blood specimen. The judge noted there was no appeal by the prosecution.

The judge also said he issued detailed reasons because this case appeared to be the first time a local court had to consider parts of the RTA relating to preliminary breath tests, the requirement to provide breath or blood samples, as well as the protection of hospital patients.

Consumed alcohol

This comes after Rajis had consumed alcohol early on Oct. 8, 2022, according to ST.

He had been stopped by Traffic Police officers at a roadblock when he was driving along Jalan Toa Payoh in the direction of the Pan Island Expressway and Tuas.

At the roadblock, the police sergeant conducted a preliminary breath test with a breathalyser a total of seven times.

Rajis was also observed to have smelled strongly of alcohol with an unsteady gait, and "slurred" speech, according to the officer conducting the test

The breathalyser was “unable to capture a reading” on the first six occasions because Rajis was not blowing into the straw of the breathalyser long or hard enough for the breathalyser to register a result.

On the seventh attempt, it registered a fail.

Arrested, collapsed

Rajis was arrested and taken to the TP headquarters, but collapsed while exiting the police car, ST reported, adding that an ambulance then took him to Changi General Hospital (CGH).

A police officer then asked Rajis three times at CGH to provide a blood sample.

ST reported that the officer warned Rajis that if he failed to provide his blood sample, he could be liable to jail, a fine, and driving disqualification.

The doctor had implicitly "authorised" a blood sample being taken from Rajis as the physician had been physically present when the officer made the demand clearly and loudly without raising any objections, the prosecution contended.

According to ST, the judge said, however, that valid authorisation cannot be inferred through a doctor's passive silence or mere failure to object.

Asked to provide blood sample

Rajis' doctor appeared to have operated under the mistaken impression that the police held an absolute and independent power to compel a forensic blood sample, ST reported.

The judge said the most that could be said about the doctor's conduct was that he had remained silent, given the absence of evidence that the doctor was aware of his gatekeeping role or knew that he could object to a blood sample being taken.