U.S. Court of Appeals for the 9th Circuit
Apr. 23, 2014
Circuit nixes alcohol test conviction
Under U.S. law, it is a crime to refuse a blood test but not under California law.
Daily Journal Staff Writer
Rangers at Yosemite National Park apparently forgot what jurisdiction they were policing when they told a drunk driving suspect that refusing to take a blood alcohol test was not in itself a crime.
In California that is true. But federal law makes it a stand-alone misdemeanor to refuse a blood alcohol test.
On Friday, a unanimous panel of judges of the 9th U.S. Circuit Court of Appeals rev...
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