California DUI lawyer Lawrence Taylor writes extensively about DUI issues in his very thorough DUI Blog. A trend that Mr. Taylor has been tracking has to do with forced blood draws – in which police forceably restrain a driver for the purpose of drawing blood to test for alcohol content.
In his post "Taking Blood by Force," Mr. Taylor references a California appeals court case in which the California Court of Appeals turned down the appeal of a citizen who was convicted on the basis of a forced blood draw.
Taylor argues that these forced blood draws may not yield accurate results – if the officer does not use the proper technique, and that a restrained motorist might very well be injured if he is restrained.
I have not heard about any forced blood draw cases in Georgia, but I mention this issue because I suspect that a forced blood draw case may eventually make its way to the Supreme Court and if the practice is approved there, then we could very face this issue here. The Supreme Court has always been fairly lenient in "search and seizure" cases involving automobiles so I would not be surprised to at least see the Supreme Court consider a forced blood draw case.
Filed under Arrest issues, Police conduct issues by on Jan 2nd, 2008. Comment.
