Ling

*3 I. INTRODUCTION.

In 1966, the United States Supreme Court ruled that a nonconsensual blood draw taken from a suspect arrested on suspicion of driving under the influence of alcohol did not violate the Fourth Amendment because exigent circumstances existed that allowed for a blood draw to be conducted in a reasonable manner incident to the defendant's arrest. ( Schmerber v. California (1966) 384 U.S. 757 , 770-71, 86 S.Ct. 1826 , 16 L.Ed.2d 908 ( Schmerber ).) Almost fifty years later in 2013, the United States Supreme Court ruled that a nonconsensual blood draw taken from a suspect arrested on suspicion of driving under the influence of alcohol violated the Fourth Amendment after concluding that exigent circumstances, which could have provided an exception to the warrant requirement, could not be presumed in every case where an individual has been arrested for suspicion of driving under the influence of alcohol, despite the natural dissipation of alcohol in the bloodstream. ( Missouri v. McNeely (2013) 569 U.S. 141 , 133 S.Ct. 1552 , 185 L.Ed.2d 696 ( McNeely ).) During the intervening years between these two decisions, California enacted and amended statutes intended to…