conditions. Though Arredondo was unconscious at the time his blood was drawn, the court found that the "warrantless search was justified on the consent since California's "implied consent" law states "one who drives a motor vehicle in this state is 'deemed' to consent to blood alcohol testing". Moreover, the court ruled that the extraction was justified by "exigent circumstances, statutorily implied consent, the officer's belief that the extraction was lawful in light of long-standing practice under prior case law and good faith reliance on the implied consent statute". In 1966, the Supreme Court of the United States in Schmerber v. California held that a warrantless blood sample is justified under the Fourth Amendment's pressing circumstances because alcohol in one's blood would be diminished by the body's natural metabolic system if officers were to wait for a warrant. The Fifth Amendment only applies to interrogation and testimony and does not prohibit blood tests. The case resulted in a conviction because it was decided that blood test results do not constitute testimony, proof of a confession or any other communicative acts. Non-evidential testing In the United States, implied consent laws generally do not apply to Preliminary Breath Test (PBT) testing (small handheld devices, as opposed to evidential breath test devices). For a handheld field breath tester to be used as evidential breath testing, the device must be properly certified and calibrated, evidential procedures must be followed, and it may be necessary to administer an "implied consent" warning to the suspect prior to testing. In most US jurisdictions, participation in a PBT test is voluntary; however for some violations, such as refusals by commercial drivers or by drivers under 21 years of age, some US jurisdictions may impose implied consent consequences for a PBT refusal. For example, the state of Michigan has a roadside PBT law that requires a motorist provide a preliminary breath test; however, for non-commercial drivers Michigan's penalties are limited to a "civil infraction" penalty, with no violation "points". Participation in "field sobriety tests" (FSTs or SFSTs) is voluntary in the US. Sexual assault In Canada, implied consent has not been a defence for sexual assault since the 1999 Supreme Court of Canada case of R v Ewanchuk, where the court unanimously ruled that consent has to be explicit, instead of merely "implied". In the United States, rape has traditionally been defined as the victim's nonconsent to sexual intercourse. However,