People v. Rossetti
Annotate this CasePatrol Officer Tyhurst was driving on Highway 242 in Contra Costa County when he saw a car weaving and traveling about 90 miles per hour in a 65 miles-per-hour-zone. Tyhurst activated his emergency lights. The vehicle stopped. Tyhurst approached the driver and observed that his eyes were bloodshot and watery, and his speech was thick and slurred. Tyhurst could smell alcohol. The driver was unable to produce identification, Tyhurst directed him to get out of the car and conducted field sobriety tests. The driver’s performance was consistent with impairment. Tyhurst placed him under arrest, drove him to the area office, and advised the driver that state law required a person arrested for DUI to submit to a blood or breath test. He refused. Restrained by Tyhurst and others, his blood was drawn without his consent by a lab technician certified in phlebotomy. Tyhurst did not obtain a warrant for the blood draw, although there was a judge on call. The results showed a 0.19 percent blood-alcohol level, well above the .08 percent legal limit. The court denied a motion to suppress the blood sample and observations and statements stemming from the forcible blood draw. The driver entered a plea of no contest and admitted three prior convictions. The court placed appellant on probation for five years with the condition that he serve 365 days in county jail. The court of appeal affirmed.
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