- Ref # CAC00065
- March 30, 2022
Unconscious DUI Suspects and Warrantless Blood Draws
CASE LAW
- Warrantless DUI Blood Draws of an Unconscious Hospitalized Suspect
- Exigent Circumstances Justifying a Warrantless Blood Draw
RULES
The Fourth Amendment “almost always” permits a warrantless blood draw from an unconscious DUI suspect who is hospitalized. An unconscious DUI suspect who is hospitalized and about to go into surgery is a sufficient exigency allowing for a warrantless blood draw.
FACTS
On October 27, 2017, Defendant Alberic Roland Nault had a dilemma. His pickup truck had been impounded a couple of months earlier when last busted for DUI (his 4th since 2000), and he wanted it back. The problem was that the tow yard where defendant’s pickup was ....
