This week’s #fridayfacts explains one of the few exceptions to 5th Amendment self-incrimination protections—the court-ordered blood draw.
Under VTL §1194, police may seek a court order compelling a blood draw when:
- The person is arrested for DWI/DWAI,
- Refuses a chemical test, and
- Is alleged to have caused death or serious injury.
In those cases, the defendant can be legally forced to provide a blood sample. If the order is validly issued, the results may be used in the criminal prosecution.