Killam

BACKGROUND

Killam was arrested for drunk driving at around 8:35 on the night of May 15, 2011, after he drove his car into a retaining wall. Killam’s breath smelled strongly of alcohol, he was unable to stand unassisted, his speech was slurred, and his eyes were bloodshot and watery. Killam admitted he had drunk six beers, but then said “I don’t drink.” Killam was transported to San Francisco General Hospital, where it was determined that a blood test was necessary. Killam refused and said “I’m not giving you anything.” A forced blood draw was conducted at 10:34 p.m. that night. Killam was

1 notified that his driver’s license would be administratively revoked or suspended pursuant to Vehicle Code section 133531 due to his refusal to submit to the test. Killam challenged the revocation at an administrative hearing on the ground that he was not admonished of the consequences of refusing to submit to a blood test before his blood was forcibly drawn. The hearing officer found the revocation was proper and, specifically, that a notation in San Francisco Police Officer K. Castillo’s sworn report (the DS-367 form) that Killam was admonished at 10:45, 11 minutes after his blood was…