Thank you for your reply.
I do not know what type of attorney could ever tell you, unless they were telling you something they thought you wanted to hear, that this was an "illegal search and seizure without a warrant." The ambulance personnel responsibility is to check the health of the patient they were called to treat, no warrant is necessary for them to so that. Ambulance drivers do not arrest people and do not have powers to do anything but treat them. Also, as someone who has spend over 30 years working with police departments as a prosecutor and defense attorney
as well, I have rarely seen any officer or DA stick their neck out for a doctor or let a doctor "instruct" them to do anything.
The issue here is you had an incident behind the wheel, the police and ambulance was called. The ambulance personnel misread their field test, which is really a fairly unreliable and basic test to begin with and is not sufficient evidence for charging anyone and any result would have to be confirmed by blood/urine analysis. So, because of your situation behind the wheel they had to check you out take you for examination, since they could not let you continue to drive off once you passed out.
Now, had they arrested you or improperly charged you with an offense based on this conduct, then I would agree that there could have then been an illegal search if the police obtained the blood without authorization. However, the court in Missouri v. McNeely held that an officer has to get a warrant only when it is practical and that because alcohol and drugs dissipate with time in the blood, to present destruction of evidence many times a warrant may not be necessary.
However, there is another law you need to be aware of, it is called the implied consent law and in CA when you sign your driver's license, you are consenting to be bound by this law. Under the implied consent law, the police actually have a right to test any driver they have reason to believe may have been operating a vehicle under the influence of alcohol or drugs, so to answer your question as to what gave them the right, the implied consent laws give them the right to test a driver.
Had the ambulance people caused you to get arrested by the police or suffer anything more than going to the hospital for examination, you would have had a legal basis for a suit against them. Legally, because you passed out behind the wheel, the police in CA could take away your drivers license for a health issue and could have made you go through medical tests and a hearing at DMV
to get it back.
To sue government employees
, under CA law, you needed to send a notice of claim within 6 months of the incident. Also, the CA law says that their agencies and employees cannot be sued for ordinary negligence in performing their jobs, it must be gross negligence (such as violating some law) and in those cases you have to file suit within 2 years of the incident only if you gave them notice within 6 months of the incident. If you fail to give notice of claim within 6 months of the incident, you are barred from suing a government entity.
So based on what you have stated, I am afraid the above issues are the problems you would face.