Originally Posted by
rachel120
If someone is suspected of driving under the influence or driving while intoxicated, the police don't write a citation and send the person on their way. That is going to be an arrest, and since the person is going to jail anyway, having the nurse take a vial is not "out of the way".
This is correct for the most part. When you accept a drivers license you are giving 'implied consent' to breath, blood, urine testing if the officer has probable cause to believe the person is operating under the influence of drugs or alcohol.
The person can refuse these tests at which point, in my most states, that refusal will result in a lengthy (one to two year) automatic suspension of the drivers license.
If a serious injury or death has been caused by someone suspected of DUI / DWI then the officer can get a warrant to forcibly draw blood from an unwilling suspect.