Can an unconscious and seriously injured accident victim, who is not yet under arrest, be given a blood test in the hospital?
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Can an unconscious and seriously injured accident victim, who is not yet under arrest, be given a blood test in the hospital?
Are those results admissible to support a charge of DUI?
Asked on May 3, 2015 under Criminal Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Yes, they can be given the blood test, on two different grounds:
1) Medical necessity--it may be necessary to devise a safe treatment (e.g. a high BAC can affect what drugs you could safely give); or
2) Law enforcement necessity--under urgent circumstances, someone can be tested like this to preserve evidence without getting a warrant or consent first, and the possibility of the injured person dying would provide the necessary urgency.
Since the tests could be legally done, they could be admitted as evidence.
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