Protection from Self-Incrimination (H 5039, S 416)

For almost a decade, the ACLU and the Public Defender successfully fought off a proposal to allow police officers to forcibly obtain blood samples from individuals involved in serious car accidents where there was a suspicion of DUI. The ACLU has objected that the forced taking of blood from a person for the purpose of using it as evidence against him or her is an unacceptable violation of the privilege against self-incrimination, and that proponents have been unable to point to any instances where lack of this power has hindered the state from obtaining drunk driving convictions. The bill perennially passed the Senate, only to die in the House. This year, however, with the addition of only minor amendments, the House has approved passage of the bill. It will likely soon be heading to the Governor for his signature.