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: DUI Blog

Warrantless Blood Draw on an Unconscious Driver

By admin

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Earlier this year, California?s Second District Court of Appeal refused to overturn a Fontana woman?s convictions for killing six individuals in a 2014 drunken-driving accident when blood was taken from her while she was unconscious. Olivia Culbreath was driving on the 60 Freeway in the wrong direction when she crashed into another vehicle. Culbreath herself was rendered unconscious in the wreck and six others were killed, including Culbreath?s sister. Law enforcement officers obtained a blood sample from Culbreath while she was unconscious and without first obtaining a warrant. This blood sample showed that Culbreath?s blood alcohol concentration to be nearly twice the legal limit of .08. On appeal, Culbreath argued that the trial court impermissibly admitted the blood test results as they were obtained without a warrant...continue to full post

Full post as published by DUI Blog on September 28, 2020 (boomark / email).