The blood evidence used at trial:

Question

Billy is driving home from a bar on a Friday night when he comes upon a DUI checkpoint.
At the checkpoint, an officer smells alcohol on Billy’s breath and asks him to step out of
the car. Billy stumbles out of the car and slurs his words when asked a few basic questions
about who he is and where he is going. Billy refuses to consent to a breathalyzer, but the
officer does have a video camera record Billy as he is stumbling and slurring his words.
Billy is arrested on suspicion of DUI and taken to the police station. At the station, a
sample of Billy’s blood is taken. Although Billy does not consent to this, he is too drunk to
put up much resistance. At his trial, officers play a video of Billy slurring his words and
also introduce the blood evidence. He is convicted of DUI.

a. should have been excluded because Billy did not consent to giving a sample of his
blood.
b. is likely to be considered admissible physical evidence.
c. should have been excluded because it violated Billy’s 5 th Amendment right against self-
incrimination.
d. is admissible only if police obtained a warrant.

Answer 1

Answer: B