OPINION
HENDLEY, Judge.
Defendant was arrested and charged with homicide by vehicle while under the influence of intoxicating liquor contrary to § 64-22-1, N.M.S.A. 1953 (2d Repl. Vol. 9, pt. 2, 1972). He was taken from the scene of the automobile accident to the Bernalillo County Medical Center by a State Police officer. Defendant refused to consent to a blood sample being taken and the officer directed the technician to obtain a blood sample.
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