What Happens When A Person Is Too Intoxicated To Take A Breath Test?

Interviewer: Have you had anyone so intoxicated they could not take the breath test? Were they physically incapable, maybe falling down?

Shannon: Yes; I have had people so intoxicated they were incapable of blowing into the breath machine. If someone is so intoxicated that they cannot comply with the breath test, the officer will most likely obtain a warrant for a blood draw.

Interviewer: Can they call a judge and get a telephonic warrant to do the blood draw quickly?

Shannon: You can get a warrant from the judge. Here in Oregon, there is a lot going on with that right now. There are exigent circumstances, versus time to get a warrant and blood draw.

Shannon I. Wilson, Esq.

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