To blow or not to blow...

On Thu, 7 Feb 2008 16:58:57 -0800 (PST), "Robert M. Gary"
wrote in
:

On Feb 7, 4:47*pm, Larry Dighera wrote:
On Thu, 7 Feb 2008 12:47:12 -0800 (PST), "Robert M. Gary"

Then law enforcement may arrest you and can
take a blood sample without your concent.
-Robert

Doubtful.

No, its true. Failing a field sobriety test is reasonable cause to
arrest you for DUI. Accepting the operation of a motor vehicle is (by
Cal vehicle code) concent to a blood test. Its pretty common for the
CHP to arrive at the hospital with a guy in handcuffs for force a
blood test.

"CVC 23612.a.1.A


A person who drives a motor vehicle is deemed to
have given his or her consent to chemical testing
of his or her blood or breath for the purpose of
determining the alcoholic content of his or her blood,
if lawfully arrested for an offense allegedly committed
in violation of Section 23140, 23152, or 23153. If a
blood or breath test, or both, are unavailable, then
paragraph (2) of subdivision (d) applies. "


I suppose, if the LEO has grounds for arrest (suspect smells of
liquor, appears drunk, etc), drawing blood without consent may be
justified, but the LEO's probable cause is going to come under heavy
scrutiny if the case should go to trial. And if the arrest can be
shown to be unlawful, the LEO could become the focus of a legal action
himself.

People who drink and drive are fools. Get a taxi...