California Court Clarifies When a Warrant Is Required for a DUI Blood Draw From an Unconscious Driver

By Robert Phillips
Deputy District Attorney (Ret)

• A Blood Draw From an Unconscious DUI Driver
• The Fourth Amendment Requirement for a Warrant Absent an Exigency
• California’s “Implied Consent” Statute; Veh. Code § 23612(a)(1)(A) & (B), and (a)(5)

Rule: As a general rule, a search warrant for a blood draw from an unconscious DUI suspect involved in a traffic collision is not required. However, this rule depends upon the investigating officer being preoccupied with other responsibilities at the scene of the collision that prevents him from obtaining a blood draw in a timely fashion.

One-Minute Summary: Defendant, while under the influence of alcohol, crashed into a parked car at around midnight, injuring an occupant of the parked car. Defendant attempted to leave the scene of the collision but was physically restrained by local residents until California Highway Patrol officers arrived. Although defendant did not appear to have suffered any serious injuries, he was strapped to a gurney by paramedics because he was physically uncooperative. Upon transporting him to the hospital for observation, his continued physical resistance necessitated the hospital staff to sedate him.

An officer already at the hospital on another case was instructed by his supervisor to take over the investigation. With defendant still under sedation, the officer interviewed via telephone and the injured victim other witnesses. Based upon the odor of alcohol, defendant’s uncooperative demeanor, and the circumstances of the crash, the officer determined that defendant was under the influence of alcohol. The officer therefore arranged to have a blood sample taken. No warrant authorizing a blood draw was obtained, however, due to the officer’s belief that no warrant was needed under the circumstances.

Later charged with DUI with injury, defendant’s motion to suppress the blood test results (0.193%) was denied by the trial court. The Fourth District Court of Appeals reversed. The Court first noted that a blood draw constitutes a Fourth Amendment search, and as such, a warrant is generally required absent an exception to the rule. The Court ruled that the ....