[Abundy]

And I don’t think merely refusing the breathalyzer test creates probable cause for the search, but odor of alcohol in the car, or alcohol in the car, of flunking the field sobriety test (I am not sure I could pass all of those tests if I were stone sober) could create probable cause.

then what in the hell do you disagree with??? (aside from the DA who thinks the refusal gives pc??)

[NCLaw441]

All that I have disagreed with, and what I have asserted, is that obtaining a search warrant to get a blood sample is not a violation of the 5th amendment. There were several posts early on in this thread that suggested that any taking of bodily fluids would violate the 5th amendment protection against forcing someone to testify against oneself.