Depending on the answers to the questions posed in Clay (PD-0579-12) pending in the CCA and Missouri v. McNeely, see State's Brief, the drafting of affidavits for warrants in DWI investigations and how you get them signed may gain new importance.
'Tis nice to see crazy Erdman rationale exit. Fienen. I still think so long as the exhaling of the sample is voluntary that the giving is not coerced (just enforced as the legislature envisioned). At least we now know the mere threat of the needle can still lead to legal "consent."
