How in the world can the cops get a court order to draw blood from a possibly intoxicated person? I thought refusal to do a breathalyzer test meant you were admitting g guilt, but you could not be compelled to give a blood sample.
Yes, log it as a refusal, and let him forfeit his license.
Will there be national riots because a Jew was killed?
Just kidding......
In CA, if one refuses, means a year suspended license...If I’m not mistaken.
A lot of states you must have a warrant for a blood draw and declining a breathalyzer is not considered an admission of guilt.
But... you know... Kalifornia has it's own rules.
They do “forced” blood draw all the time.
In Texas, very populous counties will have a magistrate stationed at the jail, at least during times with many DWI arrests, The officer writes up an affidavit, swears to it in front of the magistrate, and, if the affidavit is legally sufficient, the magistrate issues a blood draw warrant. The law also allows an officer to transmit the affidavit to the magistrate electronically, and swear to it over the telephone. The delay is often only an hour or so. If the defendant was barely over the threshold his blood alcohol content may have dropped below it during the delay, but a guy who was trashed when he refused the breath test will still be over the limit an hour later.
It depends on where you are and the judge. When I was taking phlebotomy, we were told never to comply with an ETOH when the patient can’t or won’t consent without seeing a warrant.
How could they get a court order that quickly?
Something doesn’t sound right here.
covid rule change?