DUI Arrest, Refusal, and a Diabetic Driver
At 1:45 a.m., Officer Patel responds to a single-vehicle crash. A sedan is nose-down in a drainage ditch; the driver, Mr. Cole, 58, is sitting on the bumper. Cole has slurred speech, bloodshot eyes, and an odor of alcohol. He says he had 'two beers' at a friend's house and swerved to avoid a deer. He wears a medical alert bracelet for diabetes and says he feels 'shaky.' Patel sees no visible injuries. Cole agrees to a preliminary breath test, which reads 0.06. Patel notes horizontal gaze nystagmus in both eyes and lack of smooth pursuit. Cole refuses all standardized field sobriety tests, saying he is too tired. Patel arrests him for DUI. At the station, Cole refuses the evidentiary breath test. Patel reads the implied consent advisement. Cole says, 'I'll refuse; I'd rather lose my license than blow.' Patel must decide whether to seek a blood warrant, whether to arrange medical evaluation, and how to document the refusal.
1. Was there probable cause to arrest Cole for DUI? Identify the facts that support and undercut probable cause.
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PC is a totality test. Supporting: admitted drinking, odor, slurred speech, bloodshot eyes, PBT 0.06, HGN in both eyes with lack of smooth pursuit. Undercutting: low PBT, no FSTs, possible diabetic symptoms, and a plausible deer-avoidance explanation. HGN can be affected by medical conditions, but the officer observed it. The standard is fair probability, not proof beyond reasonable doubt. A reasonable officer could conclude Cole was impaired. The arrest is supportable, but Patel should document the medical caveat and not treat the PBT as a conviction-grade result.
2. Cole refuses the evidentiary breath test. May Patel seek a search warrant for blood? What are the tradeoffs?
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Yes. A blood draw is a search, but a warrant based on probable cause is the proper route after refusal. Refusal triggers the implied-consent administrative consequence, but it does not bar seeking a warrant and does not equal consent. Patel should read the advisement accurately, document the refusal, and then apply for a warrant. Tradeoffs: time, medical safety, and availability of a phlebotomist. If Cole is having a diabetic emergency, medical care comes first; a blood draw may also help medically. Do not order a draw without a warrant or a recognized exception.
3. What should Patel do about Cole's diabetes and his statement that he feels shaky?
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Cole's diabetes and 'shaky' statement require medical screening before booking. Hypoglycemia can mimic impairment: confusion, slurred speech, sweating, tremors. Patel should have EMS evaluate, document vital signs and statements, and tell medical staff about the alcohol and PBT. If medical staff clear him, continue the DUI process. If he is hypoglycemic, treat first and reassess; do not release him alone. The DUI investigation remains, but safety and medical documentation are essential.