DOT regulations require CDL holders to submit to a drug test when they are involved in a fatal accident, regardless of the circumstances. This of course does not give a city police department the power to force some random hospital employee to get samples for them.
> DOT regulations require CDL holders to submit to a drug test when they are involved in a fatal accident, regardless of the circumstances. <
If so, no one told that to the nurse. How long would it have taken to bring her up to speed? Maybe a minute. This was not an emergency situation. But the cop didn’t bother to tell her what law she was supposedly breaking. Or tell her that she was liable to be arrested.
The cop just exploded.
Yes, but the drug test is the responsibility of THE COMPANY, and must be administered within 2 hours of the incident for alcohol, or 32 hours in the case of drug suspicion.
It was NOT in the purview of the cop, or the hospital for that matter, to obtain the sample, period.
“But he’s got a badge”.
FEH!
And I think it is the CDL holder’s employer that gets the test done (with consent of the driver, penalties if driver refuses and “exceptions/work arounds” if injured in a crash...local SLC PD wouldn’t be doing DOT’s work I don’t think). My theory...police trying to cover their behinds on a pursuit gone bad. Also, nobody mentions much that the detective was on the “blood draw team” (phlebotomist) for the PD...so he wasn’t asking the nurse to do the draw...was going to do it himself and got blocked. Also, it IS legal to do a draw on an unconscious person in many states w/o a warrant if the police invoke “probable cause and exigent circumstances”. I think the cop in question said in his report that that is what he was doing...just handled the interaction with the nurse very badly.
http://www.utahduilegal.com/warrantless-blood-draws/
http://cbaclelegalconnection.com/2017/04/colorado-supreme-court-warrantless-blood-draw-unconscious-driver-not-violate-fourth-amendment/
https://www.usnews.com/news/best-states/wisconsin/articles/2017-03-01/court-police-can-take-blood-from-unconscious-drivers
The problem is that he could NOT 'submit'.
DOT regulations are not criminal law. The regulations do require a driver to agree to testing, as a condition of retaining his commercial license. Police DO NOT have authority to MAKE the driver give blood.
It’s a urine drug screen and a breathe alcohol 9.9 times out of ten for any DOT worker. Trust me, I have done these things for decades. Our local Leo’s use blood alcohol testing.. which I find .wholly inaccurate. Due to the volatility. I have often asked myself what are they really doing asking for a blood sample.. it goes to the local bureau of investigation.
I can knock out a breath alcohol test in minutes. The local Leo’s don’t perform breathe alcohol.