The answer is yes and no. It depends on the facts of your DUI. KRS 189A.105(2)b allows the police to get a search warrant for a blood test in a DUI investigation if a person is killed or seriously injured. The constitutionality of DUI blood tests was first considered in Schmerber v. Commonwealth. Schmerber is a U.S. Supreme Court case . Schmerber was in a car accident. He was taken to the hospital for a blood test. He refused the test, but blood was extracted anyway. There was no search warrant. The U.S. Supreme Court held the police must get a search warrant or rely on an exception to the search warrant requirement. The taking of a blood sample is a seizure. if a DUI suspect does not consent to the blood extraction the police must get a search warrant or rely on a constitutionally recognized exception to the Fourth Amendment requirement. A DUI suspect’s blood sample was nontestimonial in nature and therefore not protected by the Fifth amendment. This means you cannot claim that a forced blood test violates your right to remain silent.The US Supreme Court has extended this rationale to allow the prosecution to introduce the fact that you refused to submit to a blood or breath test by holding the refusal was not the product of impermissible coercion. However, the high court also held that the exigency exception can apply in future DUI cases if there is a significant delay between the suspect’s consumption of alcohol and the extraction of his blood.

In Missouri v. McNeely, the state of Missouri was looking to establish a bright line rule that created a per se exception for search warrants in all DUI cases. The U.S. Supreme Court disagreed, holding the natural dissipation of blood in the blood stream does not constitute EXIGENCY in every case sufficient to justify a blood test without a warrant.
The bottom line is in a routine DUI the police cannot force you to take a blood test unless they get a warrant. If however if there is a significant delay in getting you to the hospital and the police have probable cause to belive you were driving under the influence of alcohol or drugs the police can rely on the exigency exception to the search warrant and force a blood test. Also if you are unconscious the police can get a blood sample without your express consent because when you obtained your license you agreed to give a blood sample if the police haD probable cause to believe you committed a DUI.

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