Police should have secured a warrant before performing a blood test on an unconscious man suspected of driving under the influence, the state Superior Court has ruled.
A three-judge panel of the court ruled in Commonwealth v. Myers that informed consent does not apply to defendants arrested on suspicion of DUI who are unconscious at the time the police officer attempts to warn the defendant about his or her right to refuse chemical testing. In so ruling, the court held that results from a blood test that a police officer took from a man who had been sedated at a hospital would not be admissible.
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