Car crash + alcohol (?) + blood sample

Wossi · 29 Sep 2009 at 08:42

Does anyone know what the legalities are regarding the police and taking a blood sample from the driver of a crashed car who is unconscious and may possibly have been drinking?

Someone I know had a car crash at the weekend and may have been drinking but was knocked unconscious. Obviously if he was conscious the police would want to breathalyse him, but we were talking at work this morning about whether they are allowed to take a blood sample or not to check while the patient is unconscious. Unless the hospital do it and inform the police, but then surely they would be breaking confidentiality.

MowyTone · 29 Sep 2009 at 08:46

if they have reason I believe the driver has been drinking they can get a doctor to do so. The reason is that If they think he has been drinking and he is unconscious they cannot wait for him to come round as the true about of intoxication will not be accurate.

Edit: this is not fact, but how I believe it works

Hitman_Leon · 29 Sep 2009 at 08:51

They can, and if he was drinking 'Idiot' he should know better he probably contributed or even created his own misfortune (not that its good anyone gets hurt), hope he's alright and everyone else if there were other people involved.

Guest2 · 29 Sep 2009 at 08:53

Interesting, just try and look unconscious if caught drink driving

Wossi · 29 Sep 2009 at 08:55

Hitman_Leon said:
They can, and if he was drinking 'Idiot' he should know better he probably contributed or even created his own misfortune (not that its good anyone gets hurt), hope he's alright and everyone else if there were other people involved.

Nobody else was involved, he swerved to avoid a car and hit a wall. TBH, nobody that knows him here is that bothered if he's alright if he had been drinking.

Jonny · 29 Sep 2009 at 08:57

iirc they can ask the Doctors to keep a sample of pre transfusion blood but the Doctors can overrule the police if they think it is inappropriate or dangerous.

I'm sure Von or any other resident police types will be able to give you a definitive answer.

Hitman_Leon · 29 Sep 2009 at 09:01

You just have to hope he learned his lesson if he was drinking and no innocent people got hurt, if he was drinking just wish him a long painfull recovery, that way he has plenty of time to think about his retarded actions, then he go's to court and a judge punches him in his driving license.

Al Vallario · 29 Sep 2009 at 09:21

Relevant article from 2002:

Drivers face blood sample law change

Doctors have been given the legal right to take blood samples from unconscious or incapacitated drivers without their consent.
The change - under the provisions of the 2002 Police Reform Act - comes into effect on Tuesday.

It is designed to ensure that samples can be taken from drivers suspected of drink driving even if they have been injured in a crash.

There is a belief that some drivers involved in causing car crashes may have escaped appropriate prosecution, as it has not been possible to prove that they were drunk and over the limit while driving.

— http://news.bbc.co.uk/1/hi/health/2288574.stm

VeNT · 29 Sep 2009 at 09:50

tbh they seems to test EVERYONE involved in any crash now.
guy I know was parked and got hit from behind by a woman trying to park too fast(!!!)
they even breathalysed his passenger!

platinum87 · 29 Sep 2009 at 10:02

VeNT said:
they even breathalysed his passenger!

i cant even express in words how dumb that is

Fenris · 29 Sep 2009 at 10:05

I don't know, I mean its not too hard to beleive a drunk passenger causing an accident.

Burnsy2023 · 29 Sep 2009 at 10:16

VeNT said:
tbh they seems to test EVERYONE involved in any crash now.
guy I know was parked and got hit from behind by a woman trying to park too fast(!!!)
they even breathalysed his passenger!

I'm not sure if there is even a legal requirement for a passenger to be tested :confused:

NickK · 29 Sep 2009 at 10:23

I'd have thought that as a passenger you can refuse. It's not illegal for passengers to be drunk or over the limit or taxi drivers on a friday night would be out of business in no time.

The only implication is if they then state that you were suspected of being the driver.

Burnsy2023 · 29 Sep 2009 at 10:26

NickK said:
The only implication is if they then state that you were suspected of being the driver.

Just looked this up. There is only a requirement if an officer has "reasonable belief" that you were either driving, attempting to drive or in charge of the vehicle.

Biohazard · 29 Sep 2009 at 10:29

VeNT said:
tbh they seems to test EVERYONE involved in any crash now.
guy I know was parked and got hit from behind by a woman trying to park too fast(!!!)
they even breathalysed his passenger!

And they'd have their breathalyser lodged where the sun don't shine with that one.

VeNT · 29 Sep 2009 at 10:45

Fenris said:
I don't know, I mean its not too hard to beleive a drunk passenger causing an accident.

thats basicaly the excuse the WPC gave. seems strange to me as they are quite old and very straight laced but meh if the officer didn't give them an option they are not the type to object!

encephalopathy · 29 Sep 2009 at 10:55

blood can be taken from an unconscious patient for purposes of checking blood alcohol concentration. it must however be done by a police doctor, NOT for instance the emergency department doctor. there is a very specific way of taking it and labelling it - one is analysed by the police, the other sample is given to the patient who can get it independently tested (££). if the correct process is not followed then a positive result could be challenged in court

the emergency department doc can refuse permission for the police doctor to take a sample - usually if this would cause a delay in the patients treatment eg not getting to theatre because the police doc hadn't arrived.

the rules are slightly different between NI/Scotland/E&Wales