in most states, the moment you decline a breathalyzer you've broken the implied consent law. seasoned alcoholics and multiple offense dui offenders will often decline the breathalyzer test and request a blood test. why? for the very simple reason that they believe that the time it will take to transport them to the hospital and have blood drawn will lessen their BAC. that is, incidentally, a myth. BAC continues to rise for up to two hours after the last gulp. the obvious variables being amount of food consumed and drinking history, i.e., liver damage. so, yes, it was within DoUgIe's rights to request a blood test; his reasoning, however, are clearly less than...pure, IMO, of course.