Inquiry

[Robert Bradley]

Once again, our local state's attorney will implement a policy of "no 
refusal" in regard to administering breath tests for the upcoming weekend. 
If drivers refuse, then the police officer will obtain a search warrant 
from an on-call judge and the driver will be taken to a hospital for the 
administration of either a blood or a breath test. In defending the 
practice, the state's attorney was quoted as saying that blood-alcohol 
content is physical evidence and it can be collected. Does anyone perceive 
any legal issues with this practice? The state's attorney has announced his 
intent to make the program a standard operating practice for the local area.

Bob