skip navigation


Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.


NCJ Number: 136618 Add to Shopping cart Find in a Library
Title: Forcible Blood Draws in Deuce Cases
Journal: Law Enforcement Quarterly  Dated:(May-July 1992)  Pages:5-6,30-31
Author(s): R C Phillips
Date Published: 1992
Page Count: 4
Type: Survey
Format: Article
Language: English
Country: United States of America
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
Main Term(s): Blood/body fluid analysis; Driving Under the Influence (DUI)
Index Term(s): Alcohol consumption analysis; California; Lawful use of force; Police legal limitations
To cite this abstract, use the following link:

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.