Facts Schmerber was convicted of DWI of alcohol based on a chemical analysis that shown that he was inebriated. The police officer directed the hospital to take blood after Schmerber had been taken there after vehicle accident. The blood was taken with Schmerber refusal and request of counsel. He claims violations of his 5th and 14th amendments during this process.
Determination
The Supreme Court based its ruling on precedent. The court acknowledges that the State “compelled [Schmerber] to submit to an attempt to discover evidence that might used to prosecute him”, it did no mean that he had been compelled “to be a witness against himself”. Since the results of the blood test were neither "testimony nor evidence relating to some communicative