Can an unconscious and seriously injured accident victim, who is not yet under arrest, be given a blood test in the hospital?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 5 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption