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Blood Sample Can Be Taken by Police Without Defendant’s Consent

JURY INSTRUCTIONS:Refusal Instructions

People v. Ryan (1981) 116 Cal.App.3d 168, 171 Cal.Rptr. 854; People v. Fite, (1968) 237 Cal.App.2d 685, 690-691. People v. Mills (1985) 164 Cal.App.3d, 652; 210 Cal.Rptr. 669; Schmerber v. California (1966) 384 U.S. 757, 86 S.Ct. 1826.

You are instructed that a blood sample can be withdrawn non-consentually by the police from a person lawfully arrested for driving under the influence and that the results of said chemical test can be used as evidence in a trial for driving under the influence.