Quote:
Originally Posted by CaptainCrunch
Also if I'm not mistaken, when they booked him and charged him under suspicion, they're probably allowed to take a blood sample.
|
I strongly doubt this. It know that it's very difficult, and in some provinces impossible, for paramedics to get a blood sample taken from a patient they treat if they are exposed to probable/possible HIV infection from that patient. This also applies to police officers, firefighters and Good Samaritans who are exposed to HIV while assisting someone. Legislation has just started to emerge in some provinces to make it possible to take blood samples in these situations, but it's been slow in coming because it might be an infringement on some junkie's rights. So I suspect they probably can't take blood samples for DUI cases.
You're right about being able to use other circumstantial evidence to convict, but it has to be pretty strong. They guy will get nailed for failing to blow for sure, but he might avoid the DUI and subsequent civil claims, which is no doubt why he refused to blow. I'm basing that opinion on cases I've heard of over the years. Maybe things have changed ... I'm not that up to date on how cases like this turn out. Pretty low if that's the situation ... I hope they can nail him if he's guilty of DUI and vehicular homicide, which seems likely.