Criminal Law

I have been asked to take a urine/blood test. Can I refuse to do so?

By 14 January 2022 No Comments

No.

Blood Tests

Under Section 13 of the Intoxicating Substances Act, any officer of the Bureau may require any person to provide a blood sample for a blood test if he has used or inhaled, or is reasonably suspected of having used or inhaled, any intoxicating substance for the purpose of inducing or causing a state of intoxication.

Anyone who without reasonable excuse fails to provide a specimen of his blood for a laboratory test is found to have committed an offence under Section 13 of the Intoxicating Substances Act.

The penalty is a fine not exceeding $2,000 or imprisonment for a term not exceeding 3 months.

Urine Tests

Under Section 31(1) of the Misuse of Drugs Act (MDA), any officer of the Bureau may require any person who he reasonably suspects to have smoked, administered to himself or otherwise consumed a controlled or specified drug to provide specimens of his urine for a urine test.

Anyone who without reasonable excuse fails to provide a specimen of his urine for a urine test is found to have committed an offence under Section 31(2) of the MDA.

The penalty for this is a maximum of 10 years’ imprisonment or a fine of $20,000 or both.

What effect will my Blood Test/ Urine Test have on my drug offence(s)?

Presumption of misuse of intoxicating substances: Under Section 14 of the Intoxicating Substances Act, if you are proven through a blood test to contain an amount of any chemical compound over the amount specified, you shall be presumed, until the contrary is proved, to have used or inhaled any intoxicating substance for the purpose of inducing or causing in himself a state of intoxication.

Presumption relating to urine test: Under Section 22 of the MDA, if any controlled drug is found in a person’s urine, he shall be presumed, until the contrary is proved, to have smoked, consumed or administered to himself that controlled drug.

Conclusion

It is clear that Singapore takes an extremely strict stance on drug and substance abuse. The above summary of 6 types of drug related offences and the range of penalties should provide sufficient insight on what to expect if you are found guilty of such offences. Do note that the presumptions under each offence apply automatically until the contrary is proven.

Read more about Drug Offences in our other article.