Collins v. Secretary of State

In February of 1968 the police arrested the plaintiff for driving an automobile while under the influence of intoxicating liquor. He was taken to the police station and there advised of his rights, including his right to a chemical test to determine the alcoholic content of his blood. When offered a breath test pursuant to the statute, 2 the plaintiff was granted permission to call his attorney. He was advised by his attorney to decline the breath test and ask for a blood test. The plaintiff then asked to be taken to a nearby hospital for such a test. The arresting officer testified that he…