Can blood sample results taken by ER staff be used against a driver who was unconscious and did not give consent?

The correct answer is based on the principles surrounding consent and the emergency medical treatment context. In situations where a person is unconscious, it is generally accepted that consent for medical treatment is implied. When emergency room staff take a blood sample to ensure proper medical care, they are acting within the bounds of emergency medical protocols, prioritizing the patient's health.

Therefore, if the results from the blood sample serve a dual purpose—both for medical treatment and potentially for legal accountability, such as determining blood alcohol content in a DUI case—these results may be admissible. The key factor here is that the actions were taken by medical personnel in the course of providing necessary treatment during an emergency, which can extend to the use of the results in legal proceedings.

This situation relates to the legal doctrine of implied consent in emergencies, which posits that individuals who are unable to communicate their wishes (due to unconsciousness, for example) are still entitled to necessary medical care, and healthcare providers are allowed to perform procedures that would typically require consent. Hence, the credibility of the blood sample results in a legal context does not hinge on direct consent from the patient when the individual is incapacitated.