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To: JustaDumbBlonde
"How can you consent or not consent to a breathalyzer when you are taken to the hospital in and out of consciousness? "

They don't need your consent. There's ample case law that supports the drawing of blood in injury accidents when the suspect is incapable (usually do to injury) or uncooperative. In fact, it's codified in most states (including FL in Florida Code 316.1933 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.), and is known as "implied consent".

16 posted on 12/08/2009 7:10:55 PM PST by OldDeckHand (Obamacare - So bad, even Joe Lieberman isn't going to vote for it.)
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To: OldDeckHand
"They don't need your consent."

Thank you, I've read that in your posts now. My point was not that they needed consent, but that he was unable to either consent or refuse in his condition. I was responding to the statement that you lose your license immediately for refusing.

17 posted on 12/08/2009 7:15:10 PM PST by JustaDumbBlonde
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