Brinson

I. BACKGROUND

1 A. Statement of Facts 2 Brinson makes the following allegations in the SAC, all of which are taken as true for 3 purposes of these motions.2 On August 28, 2019, CHP Officer Santiago arrested Brinson for 4 driving under the influence. SAC ¶ 8. Brinson was unable to take a breathalyzer test, so Santiago 5 told Brinson to submit to a blood test. Id. ¶¶ 9-10. Before his blood was drawn, Brinson was 6 presented with a consent form which warned him that if he was taking an anticoagulant, he should 7 not allow his blood to be drawn. Id. ¶ 11. Brinson explained that he was taking an anticoagulant 8 and attempted to refuse consent, but Santiago threatened Brinson with jail time and losing his 9 driver’s license for a year if he refused the blood draw. Id. ¶¶ 11-13. Brinson was not offered a 10 urine test as an alternative to the blood draw. Id. ¶ 14. 11 Hammack is a phlebotomist employed by BAPLS who administered the blood test on 12 Brinson. Id. ¶¶ 10, 20. When Brinson asked Hammack if the blood draw was safe for someone 13 taking anticoagulants, Hammack responded that he did not know. Id. ¶ 16. Brinson was 14 frightened because the CHP station where he…