As written, Utah’s law only permits an officer to conduct such a test where he has reasonable grounds to believe that a person from whom blood is to be taken was driving “while in violation of” the laws regarding driving under the influence of alcohol or other substances. In this case, the detective specifically lacked any such grounds, because the draw was being taken to show the opposite – that the driver was not under the influence. Utah’s implied consent law did not authorize this particular blood draw under these particular circumstances.
The truck driver was not under arrest. Cop had no warrant and could not get one because he had no probable cause. The driver being unconscious meant he could not give consent. The nurse was right on ALL 3 reasons. The guy that wrote that article just added a 4th reason that the cop was wrong and the nurse was right.
