NCJ Number
136618
Journal
Law Enforcement Quarterly Dated: (May-July 1992) Pages: 5-6,30-31
Date Published
1992
Length
4 pages
Annotation
In cases where a DUI suspect refuses or offers resistance to providing a blood, urine, or breath sample to arresting officers, California law does allow the forcible collection of blood, with restrictions.
Abstract
California Vehicle Code 13353, the Implied Consent Law, mandates an automatic driver's license suspension for persons who refuse to submit to alcohol consumption tests following an arrest for suspected DUI. The forcible collection of blood does not violate an offender's right against self-incrimination, but it does require the police to furnish the prosecutor with sufficient evidence to justify a non-consensual taking of blood. Blood, when taken, must be extracted in a reasonable manner by a qualified person adhering to accepted medical practice. There are three classified levels of force relevant to the taking of blood: reasonable force; unnecessary force resulting in evidence admissibility but possible civil liability for the officers involved and excessive force that shocks the conscience of the court and results in suppression of the evidence and civil liability. 58 notes