{"id":18580,"date":"2015-08-25T08:17:41","date_gmt":"2015-08-25T13:17:41","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18580"},"modified":"2015-08-25T08:17:41","modified_gmt":"2015-08-25T13:17:41","slug":"id-implied-consent-applied-to-unconscious-dui-suspect","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18580","title":{"rendered":"ID: Implied consent applied to unconscious DUI suspect"},"content":{"rendered":"<p>Defense counsel was not ineffective for not objecting to a blood draw while defendant was unconscious from a car wreck. \u201cHere, Sims impliedly consented to be tested for alcohol by driving a motor vehicle in Idaho. At no point did Sims object to or resist the blood draw. His alleged unconsciousness does not effectively operate as a withdrawal of his consent. Therefore, Sims&#8217; statutorily implied consent was effective at the time of the blood draw.\u201d <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/41942.pdf\">Sims v. State<\/a>, 2015 Ida. App. LEXIS 74 (August 24, 2015).*<\/p>\n<p>Statute requires that a DUI blood draw be done without using a prep pad that has alcohol in it. A dry one did not violate the statute or the Fourth Amendment and require suppression. The trial court erred in requiring strict compliance. <a href=\"http:\/\/www.5dca.org\/Opinions\/Opin2015\/081715\/5D14-2921.op.pdf\">State v. Kleiber<\/a>, 2015 Fla. App. LEXIS 12527 (Fla. 5th DCA August 21, 2015).*<\/p>\n<p>Officers had reasonable suspicion for defendant\u2019s stop for pimping after developing him as a suspect from the arrest of one of his workers. When officers approached him he admitting having  a gun, and that led to handcuffing and a felony arrest which was legal. United States v. Fortenberry, 2015 U.S. Dist. LEXIS 109583 (D.Nev. July 10, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel was not ineffective for not objecting to a blood draw while defendant was unconscious from a car wreck. \u201cHere, Sims impliedly consented to be tested for alcohol by driving a motor vehicle in Idaho. At no point did &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=18580\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,55,35],"tags":[],"class_list":["post-18580","post","type-post","status-publish","format-standard","hentry","category-consent","category-drug-testing","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18580","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18580"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18580\/revisions"}],"predecessor-version":[{"id":18581,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18580\/revisions\/18581"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18580"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18580"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18580"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}