The Pennsylvania Supreme Court ruled 6-1 that a warrantless blood draw from an unconscious DUI suspect is improper—but the justices had more difficulty reaching a consensus on exactly why that is.
Four justices in Commonwealth v. Myers—Justice David N. Wecht, who penned the lead opinion, and Justices Kevin M. Dougherty, Christine L. Donohue and Debra Todd—agreed that the implied consent statute, 75 Pa.C.S. Section 1547, does not permit a warrantless blood draw from an unconscious DUI suspect because such a suspect cannot exercise his or her right to refuse the test, which is an essential element of the statute.
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