When will the police draw blood from a person arrested for drunk driving?
California, United States of America
The following excerpt is from People v. Keshmiri, G054611 (Cal. App. 2019):
When the police draw blood from a person arrested for drunk driving, they must comply with the Fourth Amendment. (Schmerber v. California (1966) 384 U.S. 757 [the compulsory administration of a blood test is a "search" within the meaning of the Fourth Amendment].) However, that does not mean the police must always obtain a warrant before drawing a suspect's blood. If exigent circumstances are present, or the
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suspect consents to having his blood drawn, no warrant is required. (Missouri v. McNeely (2013) 569 U.S. 141; People v. Harris (2015) 234 Cal.App.4th 671.)
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