Warrantless Blood Draws from Unconscious DUI Suspects

"From The Classroom" -  Raymond Hill, Professor Emeritus, Santa Rosa JC

Ray Hill is a retired Police Lieutenant and Professor Emeritus at Santa Rosa Junior College. He has taught in the POST Basic Academy and Advanced Officer Training for 45 years.

   Defendant (who had four prior DUI convictions) attempted to pass an 18-wheel truck on a narrow road, hit an oncoming vehicle, and killed the driver. Defendant was injured, smelled strongly of alcohol, his pants were soaked with alcohol, and while still conscious admitted to drinking beer. The investigating CHP could not administer a PAS test because of the defendant’s injuries and being transferred to a helicopter. He was air-lifted to the hospital. At the hospital, the defendant was unconscious. There was insufficient time to obtain a search warrant because the defendant was going in for surgery. The investigating officer had a nurse draw a blood sample and obtained a warrant after-the-fact and delivered it to the hospital the following morning. Defendant’s BA was .14. He was convicted of Murder 2nd.

    Exigent circumstances exist when blood alcohol evidence is dissipating and a pressing heath, safety or law enforcement need takes precedence over application for a search warrant. The exigency was created by the defendant’s ....