BODY SEARCH

When a drunk driver is unconscious, a warrant is not needed to draw blood to determine alcohol levels in the blood. This is due to the possibility that alcohol will dissipate in the blood before a search warrant is obtained.

A person suspected of driving under the influence (drunk driving) may voluntarily submit to the taking of blood samples for testing. If the individual refuses the blood test, no criminal charges may be filed as implied consent does not apply. A warrant or articulation of exigent circumstances is required to draw blood from an individual suspected of driving under the influence without their consent.

The odour of illegal narcotics coming from a person is PC to stop and search the person.

A state may draw blood, over objections from a defendant, for the purposes of determining intoxication without a warrant. The delay caused by obtaining a search warrant would result in destruction of evidence as the alcohol dissipates in the blood. The state does need probable cause to suggest the defendant is intoxicated.