Under state implied consent laws, an unconscious or incapacitated driver involved in a collision is legally considered not to have withdrawn consent to a chemical test of their blood.
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Under implied consent provisions, operating a motor vehicle constitutes advance agreement to chemical testing. If a driver is incapacitated or unconscious, the law explicitly presumes that implied consent has not been withdrawn, permitting a chemical blood test.
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Implied consent provisions for incapacitated or unconscious drivers