In a DWI crash with injuries, what should a peace officer do if a person is unconscious?

In situations where a person is unconscious, the peace officer cannot read the implied consent advisory because the person cannot provide informed consent or refusal. The implied consent law states that drivers operating a vehicle under Minnesota’s laws have consented to chemical testing to determine their alcohol concentration or the presence of drugs in their system. However, when an individual is unconscious, they are unable to give this consent, and therefore, the implied consent advisory would not be applicable.

Instead, the officer should seek a warrant for a blood draw to obtain evidence of any substances the person may have in their system. This is permitted under the law, as obtaining a blood sample can be justified in circumstances where the individual is unable to provide consent due to their medical state. By obtaining a warrant, the officer ensures that the process follows legal procedures and respects the rights of the individual while still gathering necessary evidence for the DWI case.