The hospital probably did draw blood for the things you mentioned. If, later, probable cause was established, a court order could get those records.
Implied consent is assumed by the hospital when some one is unconscious absent a DNR, or other directive from patient prior to losing consciousness.
Originally Posted by grean
Well, there are a number of "issues" with your speculation ...
... #1: IF a draw was made by the hospital. #2 when the draw was made by the hospital. #3 what "tests" were requested by the hospital staff for the lab to perform. #4. What lab results were actually reported. #5. the protocol of the hospital personnel, chain of custody, sample retention for further testing, and qualifications of those handling the draw, sample transfer, and processing in the lab to the preparation of the report.
... and then there are privacy concerns and processes that must be followed in order to obtain a persons medical records from the hospital. It could take weeks to the get the results even if admissible into evidence, relative to the issues, and/or reliable from the qualification and verification point of view.
LE is focused on one issue ... impairment ...
Again, I'm not defending any unlawful actions taken by anyone, including the hospital personnel who may believe they have the "right" to interfere with a lawful investigation of a collision in which there was a death and serious bodily injury ...and time delays resulting in blood evidence becoming "not probative" because the alcohol or other substances that can cause impairment in the blood dissipates during the normal metabolism process.