Facts of the Case

Schmerber had been arrested for drunk driving while receiving treatment for injuries in a hospital. During his treatment, a police officer ordered a doctor to take a blood sample which indicated that Schmerber had been drunk while driving. The blood test was introduced as evidence in court and Schmerber was convicted.

Question

Did the blood test violate the Fifth Amendment guarantee against self-incrimination?

Conclusion

No. Justice Brennan argued for a unanimous Court that the protection against self-incrimination applied specifically to compelled communications or testimony. Since the results of the blood test were neither "testimony nor evidence relating to some communicative act or writing by the petitioner, it was not inadmissible on privilege grounds."