Forced Testing of Suspect’s Blood Upheld in Drunk Case

A federal jury Thursday endorsed a Newport Beach police policy that forces drunk-driving suspects to submit to blood tests and exonerated eight officers and a former chief of charges that they used excessive force.

Thomas J. Feeley, the attorney who represented Newport Beach, called the verdict a “total victory” for the police.

Steven Bohunis, 29, of Long Beach had claimed that officers used excessive force when at least six held him down while a hospital technician drew blood, over his protests, in 1985. Bohunis testified that he had driven off Jamboree Road and down a 70-foot embankment after he consumed several drinks at a party.

Bohunis’ lawyer, Stephen Yagman, said the decision will be appealed.

Last year, Yagman represented another drunk-driving suspect who had claimed he was physically intimidated into submitting to a blood test by Newport Beach police. The driver won $15,500 in damages before the same judge, U.S. District Judge Terry J. Hatter Jr.

Gross Delighted With Verdict

Former Newport Beach Police Chief Charles R. Gross, who was ordered to pay $10,000 in the earlier case, was delighted with Thursday’s verdict in U.S. District Court here. Newport Beach is appealing the earlier verdict.

“I think it’s good for the system,” Gross said. “The guys are all happy. And I’m happy.

“It’s unfortunate that when officers believe they are acting within the law, and in fact are acting within the law, and they have to through this kind of thing,” he said about the litigation.

The city’s policy has drawn the legal support of state Atty. Gen. John K. Van de Kamp, whose office has said the verdict in the earlier case has had a “damaging, disabling and crippling effect on law enforcement.”

Most California law enforcement agencies permit forced blood tests, according to Van de Kamp’s office.

Ironically, a county Municipal judge threw out the drunk-driving charges against Bohunis, ruling that the force police used in drawing blood had been excessive.

The tests showed a blood-alcohol content of 0.22, more than double the legal limit for driving. Bohunis was found guilty of violating probation on an earlier drunk-driving conviction and served about 30 days in jail, Yagman said.