I am facing a DUI charge for an auto wreck, can they take my bac w/o consent?

If you were taken to a hospital where there is no breath testing device, then the police would need a search warrant before they can have a blood draw performed , regardless of whether or not you consent. In other words, if they took a blood sample they must get a warrant.

Can they say that you agreed to take a blood test? I assume that this happened in Washington state. It is certainly possible that they will claim that you agreed to take the test. It is possible that you did give consent, or at least that the arresting officer will allege that you gave consent, during the time when you were drifting in and out of consciousness and you just don't remember it. Furthermore, it is possible that they got a search warrant. If you have not yet hired an attorney you need to do so immediately. If your BAC was over .08 you have a limited amount of time to ask for a Department of Licensing Hearing. If you have not yet been charged with a DUI (or even if you have) and someone was injured or killed in the accident it is possible that you could still be charged with vehicular assault or vehicular homicide. This is a very serious matter and you should consult with an attorney as soon as possible who can give you advise after fully investigating your case.

"If an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested pursuant to a search warrant, a valid waiver of the warrant requirement, or when exigent circumstances exist." RCW 46.20.308(3). Since you were unconscious, there is no "valid waiver of warrant requirement," and exigent circumstances aren't quite as easy to prove anymore as they used to be before a particular SCOTUS decision last year. Keep in mind that even without an official evidentiary blood draw, the prosecutor can request and receive a warrant/subpoena for your medical records. The hospital would have surely done a tox screen.

This business of taking blood without consent is actually a very hot topic these days following the Supreme Court case of Missouri v. McNeely. Linked below.

Yes, they can say that you agreed if you did (even if you don't remember agreeing). They can also apply for a search warrant for your blood. Now is the time you need to contact a local attorney specializing in DUI to begin investigating and preparing your case. You can respond to any of the answers posted or use 's find a lawyer search tool to locate attorneys in your area.

Can the authorities take your blood w/o consent? It depends. How in/out of consciousness were you? What do the police reports say about you consenting vs. not consenting? Most important, what does the search warrant say? Fortunately, you have defenses. The recent caselaw regarding search warrants for blood is extremely favorable for defendants. Two cases are the United States Supreme Court's State v. McNeely. Even more recent - and in support of the McNeely opinion - is the recent opinion of State v. Martines. In State v. Martines, our very own Washington Supreme Court recently ruled that search warrants must particularly state what exactly the search warrant for blood is seeking. The court held that (1) the extraction of the blood was one search, while (2) the testing of the blood constituted another. In short, the court held that extracting someone’s blood is a first search, and testing the blood is a second search. The first search - the initial extraction - is totally different than the second search, which is analyzing the blood. Because the second search is so intrusive (blood contains someone’s personal DNA code, pregnancy results, information on diseases, etc.), a second warrant is needed. Consequently, the State may NOT test blood samples without first obtaining a warrant that particularly authorizes testing. The warrant must specifically state the types of evidence the police are looking for. For more information please read my Legal Guides titled, "ALCOHOL DUI'S: THE BASIC ISSUES" and "DRUG DUI'S: THE BASIC ISSUES." Both Legal Guides link to my blogs which analyze the recent opinions of State v. McNeely and State v. Martines. I've also attached the blogs to this answer. A competent defense attorney can possibly get the case dismissed on a motion to suppress. That, or perhaps merely filing the motion would persuade the Prosecutor to resolve the case with a favorable reduction. Good luck!

You need to hire a lawyer immediately to defend your rights. Sounds like you may have a case but would need more information to tell if you actually have valid defenses to a seizure of your blood. However, even if they have your blood legally, there are other ways you can fight the DUI besides an illegal search and seizure of your blood. Contact a DUI attorney immediately.