Airbag Deployment and Refusal

Deployment of an airbag is a “stunning” experience that will leave an individual dazed and confused. The confusion would negatively impact upon an individual’s comprehension. It would exacerbate the confusion associated with Miranda Warnings in close temporal proximity to the reading of “Paragraph 36. Such confusion eliminates the requisite knowledge necessary to make an informed decision and eliminates the possibility of providing a voluntary and knowing consent or refusal because one would be unable to understand their rights and obligations due to the decreased cognitive abilities resulting from the trauma of the deployment of the airbag.

Your client did not intentionally refuse to provide a specimen.