OH4: Difficulty in finding a judge to get a SW at 3 am was exigency for BAC without warrant

Difficulty in getting a search warrant prepared and finding a judge at 3 am was exigency for dispensing with a search warrant in a DUI case because of natural dissipation of BAC. State v. Roar, 2014-Ohio-5214, 2014 Ohio App. LEXIS 5051 (4th Dist. November 18, 2014):

[*P30] We agree with the trial court here that the drawing of Appellant’s blood was justified due to the evanescent nature of the evidence and because Trooper Davis had probable cause to arrest Appellant for operating a motor vehicle under the influence of alcohol and/or drugs. Here the trial court noted that the severe collision occurred in the early morning hours, and resulted in a fatality. Although Trooper Davis did not observe the accident or see the vehicles involved, he had reasonably reliable information regarding the nature of the accident. Trooper Davis also had reasonably reliable information that one of the vehicles involved in the accident had containers of alcohol inside it. The trooper observed and interviewed Appellant, noted glassy eyes, and performed an HGN test. Based on the above, we find that Trooper Davis had probable cause to arrest Appellant for operating a vehicle under the influence of alcohol and/or drugs. As such, we overrule Appellant’s third assignment of error.

[*P31] We also agree that based on the time of the collision, at approximately 1:36 a.m., and that when Trooper Davis made his probable cause determination, nearly an hour and a half later, the logistics of preparing an application for a search warrant, possibly having to contact a prosecutor to assist, drafting it, and then locating and obtaining a judge’s signature, would undoubtedly take a reasonably long period of time. We agree with the trial court that during this long period of time, the evidence would be dissipating from Appellant’s body. As such, we find the trial court did not err in finding that the exigent circumstances justified the taking of Appellant’s blood without a search warrant. We overrule this assignment of error and affirm the judgment of the trial court.

This is convenient since most DUI arrests occur at night.