State v. Smith

HOBSON, Chief Judge.

Appellee Smith was arrested and charged with driving while under the influence of alcoholic beverages, while affected to the extent that his normal faculties were impaired contrary to Section 317.201, Florida *729Statutes, F.S.A. While in custody appellee was asked to take a Breathalyzer test and was informed that his refusal to submit to the test could result in the revocation of his license. Smith refused to take the Breathalyzer test and instead insisted on a blood test. As there was no one available who was qualified to withdraw blood, no test whatsoever was given to…