Is consent voluntary under the Fourth Amendment where a driving under the influence arrestee submits to a blood draw after the arresting officer tells him or her that he or she is required to submit to a blood or breath test to determine blood alcohol content?

QUESTIONS PRESENTED Is consent voluntary under the Fourth Amendment where a driving under the influence arrestee submits to a blood draw after the arresting officer tells him or her that he or she is required to submit to a blood or breath test to determine blood alcohol content? Is a blood draw reasonable under the Fourth Amendment search incident to arrest exception, where a driving under the influence arrestee submits to a blood draw after a law enforcement officer tell him or her that he or she is “required” to provide a blood or breath test to determine blood alcohol content? ii STATEMENT OF RELATED CASES People v. Elio Gutierrez, No. S252532, Supreme Court of California order dismissing and remanding to the First District Court of Appeal entered on August 29, 2019. People v. Elio Gutierrez, No. S252532, Supreme Court of California order granting review entered on January 2, 2019. People v. Elio Gutierrez, No. A153419, Court of Appeal, First Appellate District, Division 4, order affirming judgment of appellate panel, entered on October 2, 2019. People v. Elio Gutierrez, No. 5-170563-1, Superior Court of the State of California in and for the County of Contra Costa Appellate Division, judgment entered on December 13, 2017. People v. Elio Gutierrez, No. 1-176383-8, Superior Court in and for the County of Contra Costa, California, order granting motion to suppress entered on January 27, 2017.