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Old 12-28-2012, 11:32   #21
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Join Date: May 2001
Location: Georgia
Posts: 17,138

Originally Posted by Random View Post
I really dig where refusing to take a breathalyzer equals enough probable cause for a judge to sign a warrant giving them permission to take your blood by force. That is pimp.
I don't think you are comprehending what you read.

Submitting to the breath test is part of the implied consent agreement you entered into when you obtained your drivers license. If you refuse the breath test LE can still obtain the evidence by blood draw with a search warrant as long as they can show the judge probable cause exists which indicates intoxication and the evidence showing the level in the blood would support that charge.

Refusing the breathalyzer is not what gives the probable cause for the warrant, the indicators of intoxication and probable cause needed for arrest are. No different that a request to take any other type of sample such as DNA, bite impressions, hair samples, ect.

Last edited by ray9898; 12-28-2012 at 17:17..
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