Possibly a line of reasoning on the thought process of the “LEO’s” involved. The victim is a CDL holder and D.O.T. regulations state that any time a C.D.L. holder is involved in an accident that results in a fatality, regardless of fault, they must submit to a drug test. My understanding of this situation, the laws regarding blood draws would take precedence.
BS. The injured driver at the hospital would still have to consent and he was unable to do so.
Not in the case of a patient in a burn unit who has already been administered a regimen of drugs to keep him alive.
In those situations involving a cdl driver and a fatal crash the post crash drug and alcohol are breath and urine tests (not a blood test) , obtained by the driver’s employer, with a 32 hour window for the drug test.
Law enforcement would only get involved in getting a blood test if there was probable cause.