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Can a deputy demand you draw blood on a traffic stop if you are the passenger? If they do draw blood even though you've refused, what can be done?

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In the 2013 case Missouri v. McNeely, the Supreme Court addressed the issue of compelling the occupant of a vehicle to be subject to involuntary blood testing during a traffic stop, specifically during a traffic stop on suspicion of driving while intoxicated. In that case, the court ruled that—in the absence of exigent factors—a search warrant must be obtained, or the occupant must consent, prior to the blood test occurring. While McNeely dealt with the driver of a vehicle specifically, its application to passengers can generally be inferred.

In the case of McNeely, administrative (i.e., non-criminal) penalties such as license revocation can be applied for failure to consent to a blood test. However, at present time, no jurisdiction in the United States has established such penalties for non-compliant passengers.

When a vehicle is stopped by the police, the passengers in the vehicle are also stopped, and passengers therefore have standing to seek judicial remedy if the nature or circumstances surrounding the stop become unreasonable (see the 2007 case Brendlin v. California). Depending on jurisdiction, involuntary blood draws may also be considered assault.

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