The son of Hollywood icon Clark Gable was recently arrested on suspicion of drunk driving in Malibu. According to reports by the Los Angeles County Sheriff's Department, 52 year-old John Clark Gable allegedly hit a car near the Malibu Pier before crashing into six parked cars on the Pacific Coast Highway.
Witnesses said that Gable fell out of his vehicle when police stopped him. He was then transported to a local hospital for a blood test. Test results have not been released.
The latest celebrity drunk driving story underscores the interesting element in this matter...the use of a blood test in particular drunk driving cases. Under Colorado law, drivers arrested on suspicion of drunk driving have the option of taking several different chemical tests to detect the level of alcohol: breathalyzer tests, which measure the level of alcohol on a person's breath; urine tests, which identify how much alcohol is present through excretions; and blood tests, that measure the concentration of alcohol in a person's blood stream.
Under Colorado's implied consent law, drivers essentially agree that in exchange for having driving privileges on Colorado roads, they will submit to one of the preceding tests if arrested on suspicion drunk driving. If a suspected driver refuses a test, they face administrative penalties which include the suspension of their driver's license.
Nevertheless, the question of whether a driver refused a chemical test is an important one. A skilled criminal defense attorney can gather information to answer this question as it relates to whether a driver actually declined to take one of the tests, or whether the police did not give the driver a proper opportunity to take one of the tests.
Source: LA Times.com, Clark Gable's son posts bail after Malibu DUI, April 3, 2013