Find the Best DUI & DWI Lawyers Nationwide - TeamDUI.com

FREE DUI & DWI Attorney Consultation - 24 hours a day - 365 days a year. Call 1-844-TEAM-DUI or search online here one for your State to get out of a DUI.

  • Home
  • DUI Defense Lawyer
    • Find The Best DUI Trial Lawyer
    • Do I Need a DUI Lawyer?
    • DUI Legal Defenses and Lawful Arrest
      • Legal Traffic Stop without the Degree of Probable Cause
        • DUI Illegal Stops
      • DUI Probable Cause
      • Possess an Articulable Suspicion during Traffic Stop
      • DUI Police Search
      • Warrantless Arrest
      • Speedy Trial Denial
      • Fight DUI Additional Charges
    • Implied Consent
      • DUI Implied Consent Test
      • Implied Consent/Miranda Rights
      • Not Answering Implied Consent & Consequences
      • DUI Refusal Implied Consent Test: Loss of Driving Privileges
    • Elements Of A DUI
      • DUI Roadblocks
      • DUI Required Degree of Impairment
      • Probable Cause for the Stop
      • What Is “Operating A Vehicle?”
  • DUI Breath Test
    • Breathalyzer Defenses
    • Field Sobriety Tests
      • Probable Cause and Field Sobriety Tests
      • Roadside Agility Tests and Eye Test
    • Breathalyzer Machine
    • Georgia Intoxilizer 5000
    • Portable Breath Tests
  • DUI Blood Testing
    • Blood Test
      • Blood Alcohol Content
        • Alcohol Content Common Drinks
        • BAC – Widmark’s Formula
    • Refusal to Test
    • DUI Drugs
  • Urine Test
    • Pooled Urine and BAC
    • Variability of UAC to BAC Ratio
  • Court Info
    • Making Bail after DUI and DUI Bail Options
      • DUI Bail Terms
    • Investigating A DUI-DWI Case
      • DUI Defense Options
      • Police Reports
      • Field Evidence
    • Preliminary Hearings
    • DUI Pretrial Motions
    • DUI Plea Bargains
      • Plea Bargaining and Sentencing
    • DUI Trial Lawyer Explains DUI Trial Process
      • A DUI Jury Trial Can Be Advantageous
      • DUI Expert Witnesses
    • Not Knowing Your Legal Rights puts You at Risk
    • Remain Silent – Protect Your Legal Rights
    • How to WIN or Reduce a DUI Case
    • I was arrested for DUI in Georgia. I have heard about attending DUI School. Do I need to go ahead and attend this?
    • Marietta Municipal Court
  • DUI Laws
    • Aggravated DUI
    • DUI First Offense
    • DWI vs DUI: DWI Lawyer, DUI Attorney-What’s the Difference?
    • Georgia DUI Laws Statewide Coverage by Lawyers Near Me
  • DUI Penalties
    • What are the consequences of a DUI?
      • How will a DUI conviction affect my future – DUI Defense Lawyer?
      • Can I be charged with DUI just for driving after taking my prescription medicines?
    • DUI Cost
    • Third DUI Penalties
    • Driver’s License Issues
      • If I get a DUI and lose my license, can I get a work permit?
    • Administrative License Suspension for GA DUI
    • DUI Ignition Interlock Device
    • DUI Hardship License
    • Is a DUI a felony or a misdemeanor?
  • Our DUI Attorneys
    • Find The Best DUI Trial Lawyer
    • DUI Lawyer Fees
  • DUI News
  • State DUI Laws & Penalties
    • Delaware DUI Laws & Penalties
    • Idaho DUI Laws & Penalties
    • Kentucky DUI Laws & Penalties
    • Louisiana DUI Laws & Penalties
    • Maryland DUI Laws & Penalties
    • Missouri DUI Laws & Penalties
    • Pennsylvania DUI Laws & Penalties
    • New York DUI Laws & Penalties
    • Nevada DUI Laws & Penalties
    • New Hampshire DUI Laws & Penalties
    • New Mexico DUI Laws & Penalties
    • California DUI Laws & Penalties
    • Alabama DUI Laws & Penalties
    • Maine DUI Laws & Penalties
    • Arizona DUI Laws & Penalties
    • Utah DUI Laws & Penalties
    • Texas DUI Laws & Penalties
    • Oklahoma DUI Laws & Penalties
    • Indiana DUI Laws & Penalties
    • Hawaii DUI Laws & Penalties
    • Wisconsin DUI Laws & Penalties
    • Minnesota DUI Laws & Penalties
    • Wyoming DUI Laws & Penalties
    • Michigan DUI Laws & Penalties
    • Illinois DUI Laws & Penalties
    • Vermont DUI Laws & Penalties
    • Kansas DUI Laws & Penalties
    • New Jersey DUI Laws & Penalties
    • Washington DUI Laws & Penalties
    • Tennessee DUI Laws & Penalties
    • Florida DUI Laws & Penalties
    • Massachusetts DUI Laws & Penalties
    • Connecticut DUI Laws & Penalties
    • Virginia DUI Laws & Penalties
    • Mississippi DUI Laws & Penalties

Nonconsensual Sample – DUI Blood Test

In Schmerber v. California, the Supreme Court held that the withdrawal of a blood sample from the defendant without the defendant’s consent did not constitute an unlawful search and seizure and that the use by the prosecution of the results of a DUI blood test did not violate due process of law, the defendant’s Fifth Amendment privilege against self-incrimination, or the defendant’s Sixth Amendment right to counsel. It has been repeatedly held by numerous other courts that the obtaining of a non-consensual blood sample from the defendant in a drinking-driving case does not constitute an unlawful search and seizure nor a Fifth Amendment violation. However, the use of excessive force to do a DUI blood test (i.e., force that “shocks the conscience”) may constitute an unreasonable search and seizure. It should be noted that the implied consent law in many states forbids the use of force to obtain a blood sample.

The Supreme Court has held that it is constitutionally permissible to withdraw a blood sample from an unconscious defendant and use the DUI blood test results therefrom against the defendant. The Supreme Court has also held that it does not violate a defendant’s privilege against self-incrimination or due process of law for the prosecution to show at trial that the defendant refused to take a chemical test, even if the defendant was not warned that the refusal could be used against him at trial.

Evidence obtained by the police as a consequence of an unlawful search of the defendant or the defendant’s property is inadmissible under the exclusionary rules described above in this section. In the absence of the use of excessive force to obtain the DUI blood test sample, the obtaining of a non-consensual blood sample from a defendant does not constitute an unlawful search and seizure under the Fourth Amendment.

 

Contact Us
For a FREE Case Evaluation with a specialized DUI-DWI attorney near me, call or submit your case details. We are available 24 hours/7 days a week.

1-844-TEAM-DUI (1-844-832-6384)
Find a DUI lawyer near you – click on your state.
 

Copyright 2025. William C. Head. All Rights Reserved.

Copyright © 2025 · TeamDUI.com ·