What are forced blood draws?
When a driver refuses to submit to chemical testing, California courts in Orange County have given the police leeway to conduct what are known as forced blood draws — the taking of a blood sample by force. This is done either by holding the driver down or by threatening to do so. This right stems from the landmark case, Schmerber v. California (1966). In the Schmerber case, the court ruled that it is permissible for the police to take a driver’s blood by force without a warrant for chemical testing in order to determine if the driver is intoxicated. This may be done provided that the forced blood draw takes place after an arrest is made and in a medically approved manner by a trained medical professional. If all guidelines are followed, then the forced blood draw will not constitute a violation of the driver’s Fourth Amendment right against “unreasonable search and seizure.” If proper guidelines are not followed when conducting the forced blood draw, the driver may be able to make a v
