SCHMERBER V. CALIFORNIA
384 US 757 (1966)
NATURE OF THE CASE: This is an appeal from a criminal conviction of a defendant for
driving under the influence where the conviction was based in part on a blood sample which
was taken from the defendant over his objection and tested to determine his level of
drunkenness at the time of arrest.
FACTS: Schmerber (D) was convicted of driving an automobile while under the influence of
intoxicating liquor. D was arrested at a hospital while receiving treatment for injuries
suffered in an accident involving the automobile that he had apparently been driving. A
police officer directed that a blood sample be taken. Over D's objection it was withdrawn
from D's body by a physician at the hospital. The chemical analysis revealed that D was
intoxicated at the time of the offense. D objected to receipt of this evidence of the
analysis on the ground that the blood had been withdrawn despite his refusal, on the advice
of his counsel, to consent to the test. He contended that in that circumstance the
withdrawal of the blood and the admission of the analysis in evidence denied him due process
of law under the Fourteenth Amendment, as well as specific guarantees of against
self-incrimination under the Fifth Amendment; his right to counsel under the Sixth
Amendment; and his right not to be subjected to unreasonable searches and seizures in
violation of the Fourth Amendment. The Appellate Department of the California Superior Court
rejected these contentions and affirmed the conviction. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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