1. Can a driver refuse to be examined or take the blood/urine test?

1. Can a driver refuse to be examined or take the blood/urine test? 

No, the law states that he must comply when asked to do so, except for limited circumstances.  

The most accurate way to prove a driver is under the influence of drugs or has any concentration of specified illicit drugs in their system is through the laboratory analysis of blood or urine samples, established under section 39R of the Road Traffic Ordinance. But section 39M(9) provides that evidence whether an accused person’s ability to drive properly was impaired by the consumption or use of drugs may be given by the opinion of the police officer carrying out the Impairment Test. 

However, the requirement for a driver to provide these laboratory specimens is not immediate; it is typically triggered by the results of preliminary drug tests, which are made up of two types:  

1. Rapid Oral Fluid Test; or  
2. Impairment Test.  

Drivers cannot simply refuse to take any of these tests.  Under section 39O, failing to undergo these tests without a "reasonable excuse" is a criminal offence.  

While a driver may be exempt from a preliminary test due to medical reasons or other reasonable causes, this does not allow them to evade further examination.  

Instead, section 39P(3) empowers a police officer to exercise their objective judgment; if the officer has reasonable cause to suspect the presence of a specified illicit drug or drug influence, they can skip the preliminary stage and require the driver to provide a blood or urine specimen directly. 

At the laboratory specimen stage, the law mandates specific protocols that limit a driver’s ability to refuse. 

1. Regarding urine samples, a female driver may require the presence of a female officer for the collection.  
2. For blood samples, while section 39P(9) states that a specimen must not be taken without the person’s consent , and section 39P(5) allows a doctor to prevent a blood draw due to medical conditions (in which case only urine is taken), these are procedural safeguards rather than a general right to stop the investigation. 

Any failure to provide a required specimen without reasonable excuse may lead to a charge under section 39S, which can attract a maximum penalty of a fine of $25,000 and imprisonment for 3 years if tried on an indictment.  On a summary conviction, the maximum sentence is a fine of $10,000 and imprisonment for 6 months for a first offence, and a fine of $25,000 and imprisonment for 12 months for subsequent offences. 

Ultimately, it is highly unlikely that a driver can refuse these tests or a request to provide specimens without facing severe penalties.