Shia LaBeouf's truck after the accident

Shia LaBeouf -- who already dodged drunk driving charges for the accident he was involved in back in July -- might not even get his license suspended.  Under California law, anyone who refuses to take a breathalyzer test automatically gets their license suspended for up to a year. LaBeouf refused the breathalyzer after being arrested. Seems pretty clear that his license should be suspended? Yes, but that's why God's evil cousin Brad invented lawyers. From TMZ:

Shia's lawyer, Michael Norris, tells us he believes he can convince the DMV that when Shia was asked to submit to the test, he was in no position to respond. Norris says, "Asking someone to provide a blood or breath test while they're being prepared for surgery on a gurney is a very unusual situation."

Norris says Shia wasn't asked to submit to the test until he was already at the hospital for several hours.

Norris tells us he's asking the Sheriff's Department to turn over all videos they have of Shia that night, including a video of the intersection that presumably captured the entire scene. Norris says he wants to see if Shia was "legally arrested." (Source)

"Legally arrested?" What does that even mean? Correct me if I'm wrong, but motherfucker flipped his truck. I'm assuming the police could smell alcohol on his breath. How does one go about legally arresting a drunk driving suspect? You put cuffs on him and then read him his rights. Sounds pretty legal to me. It's not like the police forced him into a confession by shoving a flashlight up his asshole until light came out of his mouth. Or did they?