NE: State showed exigency for warrantless blood draw

Driver’s going in and out of consciousness at the scene of a wreck was probable cause for a blood draw. Medical treatment at ER would interfere with it. “This case presents a textbook case of exigent circumstances under Mitchell.” State v. Miller, 312 Neb. 17, 2022 Neb. LEXIS 85 (July 22, 2022):

Here, the relevant facts are largely undisputed. Kliegl discovered Miller lying in the ditch, surrounded by debris from a rollover accident. Miller smelled of alcohol, the wrecked vehicle smelled of alcohol, and an open can of beer was found among the debris. Miller was in and out of consciousness at the scene and was transported to the hospital for emergency medical care. At the hospital, Miller was unconscious and not communicating. Kliegl was advised by medical staff that Miller’s injuries were serious and required immediate medical treatment, including treatment that could affect Miller’s blood alcohol level. Based on Kliegl’s investigation, it was his opinion that Miller had been operating a vehicle under the influence of alcohol. Kliegl did not think he had sufficient time to obtain a warrant for a blood test, so he directed medical staff to perform a blood draw for purposes of testing, which they did.