I would like to add something to this I have not seen mentioned here. The innocent truck driver is a CDL driver. Ant time a CDL driver is involved in an accident they will be drug tested. It is federal law, a CDL driver agrees to it and waves any rights when he signs his CDL. As a friend in law enforcement said elsewhere if a deer run int the side of your truck you will be tested. The officer was within his rights to request a test and did not need any of the requirements to listed above. .
Hi Scott, the SCOTUS threw out implied consent. As another trucker pointed out it is the responsibility of his employer to obtain the blood test . There is no criminal penalty for a truck driver who refuses to submit a blood sample. They will just suspend his license. For the police to demand a blood sample they must arrest him, get a warrant or the driver must be able to actively give his consent. In the link that Steve4102 posted it is explained the the reason the cop gave for getting the sample (to prove the drivers innocence) is not allowed under the law. It is an illegal demand.
