What is the current state of the law on nonconsensual blood draws incident to a lawful arrest for driving under the influence?

California, United States of America


The following excerpt is from People v. Hill, C074857 (Cal. App. 2016):

Prior to McNeely, the rule applicable to nonconsensual warrantless blood draws incident to a lawful arrest for driving under the influence was articulated in Schmerber v. California (1966) 384 U.S. 757 [16 L.Ed.2d 908] (Schmerber). Schmerber upheld a warrantless, forced blood draw during a DUI investigation where the officer was confronted with an emergency making it unfeasible to obtain a warrant before the defendant's blood-alcohol dissipated, and where the blood draw was performed according to accepted medical practices. (Schmerber, at pp. 770-772.)

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