Should civil penalties be imposed on petitioner for refusal to submit to a breath test when an intrusive blood test was administered

QUESTIONS PRESENTED ; ., I. Should civil penalties been imposed on petitioner (Pomeroy) for refusal to submit to a breath test, when an intrusive blood test was administered to petitioner after being arrested for a minor traffic infraction. If. Was there probable cause for the arresting officer to insist petitioner take a blood test, which petitioner did, when a nurse extracted parts of petitioner body with a needle after petitioner had already been charged with refusal to submit to a breath test. III. Was petitioner correct in interpreting and retroactively applying the findings and new rulings in Birchfield v. North Dakota, 136 S. Ct. 2160 (2016) to petitioner appeal. .