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Can BAC be determined on an unconcious person without taking blood?
Anonymous10 views3 answers
There was a recent drunk driving accident. The person woke up in the hospital unaware, but was told by the hospital no blood was taken; no puncture could be found. This person has not spoken to authorities since waking up in the hospital. He is now nervous that days later he may be charged. Are his worries warranted?
Yes, if Florida is like Arizona. Most states have two types of DUI charges. One requires a BAC of a particular level usually .08 from either a blood test or breathalyzer test. The other charge merely requires the government to prove the driver was under the influence of alcohol/drugs causing the slightest degree of impairment (here they would present evidence of the driver's bad driving before the accident, his failure to complete FSTs, and other circumstantial and direct evidence.
Without blood, breath or urine sample, there would be no way to get an actual BAC reading. However, the person could still be arrested for DUI if the investigating officer had other evidence that alcohol was involved ie) odor on the breath, other people's statement, empty beer cans in the car...
He should not speak with any law enforcement officer without a lawyer present. Good Luck.
It would be impossible to get a BAC reading from an unconscious person unless blood was taken.
Even though you mentioned that hospital personnel said that blood was not withdrawn, it is very possible that blood was taken on the scene by paramedics at the request of the police. This would require that a breath test was impossible or impractical (316.1932 (1)(c)) or that there was serious bodily injury or death (316.1933). If your friend was unconscious then it is very likely that a breath test was impossible.
The fact that your friend does not see a puncture wound does not mean that blood was not withdrawn. The needles are small and it is very possible that he would not see or feel anything when he regained consciousness.
It is very likely that your friend will be contacted by the police in the very near future. It would be best if he had an attorney on his side and was knowledgeable about DUI law when this occurs. He should make no statements to the police without first consulting a criminal lawyer.
I would strongly recommend that you tell your friend that he should retain a criminal defense attorney skilled in DUI defense. I am located in South Florida and regularly handle DUI matters in both Dade and Broward counties. I can be available for a consultation if your friend would like to explore his future potential possibilities and solutions.
Best of luck.
