Michelle was involved in a serious accident at an Orange County intersection. Witnesses reported that Michelle caused the accident when she ran a red light. The occupant of the vehicle Michelle hit was killed. Michelle was injured and transported by ambulance to the hospital. At the hospital, a nurse administered a narcotic to Michelle to subdue her pain. The narcotic affected Michelle’s awareness.
Shortly after she arrived at the hospital, a police officer who was assigned to investigate the accident responded to Michelle’s hospital bed to question her about the accident. As the officer spoke with Michelle, he believed he smelled the odor of alcohol on her breath. The officer asks Michelle if she had been drinking prior to the accident. Michelle told the officer she had one glass of wine with dinner an hour before the accident. The officer asks Michelle to submit to a breathalyzer test, but given her compromised state, she was unable to complete the test. Due to the effect of the narcotics, the officer was unable to ascertain whether she was under the influence prior to her arrival at the hospital.