OH2: Warrantless blood draw from unconscious def being treated in hospital was reasonable because of exigency

Defendant ran into construction equipment killing his passenger and severely injuring himself. At the hospital, he was being treated and unconscious. He smelled of alcohol. The warrantless blood test was based on exigency. State v. Hayes, 2016-Ohio-7241, 2016 Ohio App. LEXIS 4111 (2d Dist. Oct. 7, 2016).

Stopping past a stop sign was justification for defendant’s stop that led to observation of DUI. State v. Akers, 2016-Ohio-7216, 2016 Ohio App. LEXIS 4068 (7th Dist. Sept. 27, 2016).*