PA police really do need a warrant to draw the blood of an unconscious DUI driver

The Pennsylvania Superior Court just decided the case of Akim Sharif Jones-Williams, finding that police must have a warrant or valid exception to the warrant requirement to request a blood draw of a DUI driver who is fading in and out of consciousness.

The warrant requirement is clear. Police can only avoid getting a search warrant if they have a valid exception to the search warrant requirement. In the past, police often relied on Vehicle Code § 3755(a) which permits police or the hospital to draw blood for DUI purposes if there is probable cause to believe there was a DUI. This section has recently been found to be unconstitutional so it can no longer be used. Another oft-used exception to the warrant requirement is the implied consent law (Vehicle Code §1547) but that now requires actual voluntary consent, something that is not possible when the driver is fading in and out of consciousness. Finally, police often rely on exigency as an exception to the warrant requirement, but in Mr. Jones-Williams’ case the hospital had already drawn blood for medical purposes, so there was no exigency. Police could have simply served a search warrant for that blood and tested it.

Thus, in this case, even though there was a death from the accident, the blood results were suppressed and denial of the suppression motion was reversed. For anyone dealing with these issues the 32 page opinion contains much more detail and is an interesting read.