MCOLES State Licensing Practice Exam

During an investigation at a hospital, how should you proceed if the driver appears to be intoxicated?

1. Get a search warrant to draw blood

2. Administer SFSTs

3. Ask for consent to draw blood

4. Release the subject

The correct answer is: Get a search warrant to draw blood

In situations where a driver appears to be intoxicated, obtaining a search warrant to draw blood is a legally sound and procedural approach. This is critical because a search warrant provides the necessary legal authority to collect bodily fluids, like blood, ensuring that the evidence collected is admissible in court. The warrant is supported by probable cause, which must be demonstrated through the circumstances leading to the belief that the individual is under the influence of alcohol or drugs. While there are other options to assess the situation, they may not be the best approaches depending on the specific circumstances. Administering standardized field sobriety tests (SFSTs) is suitable for initial assessments of impairment, but it does not provide the definitive evidence that blood analysis can. Seeking consent to draw blood is another pathway, but consent may not always be granted, and relying solely on consent can complicate the collection of evidence. Releasing the subject without taking any action can lead to potential legal implications, especially if the intoxication could endanger others. Thus, acquiring a search warrant ensures a stronger legal footing for the actions taken regarding intoxication investigations.