The Police Reform Act 2002 :-

• This legislations permit the taking of blood from incapacitated drivers for later consensual testing

• If patient doesn't consent to having the blood sample tested on recovery from incapacity then they will be charged with failing to provide an evidential specimen - which is an offence under this act.

• The ethics of taking a blood sample without the patient's consent - whether it is technically assault as it is being performed without their consent.
• Whether the husband or partner has a right to give consent in lieu of the comatose patient without capacity. Whether this would differ depending on the expected patient's time course of recovery i.e. if she was expected to recover within hours rather than within weeks.
• How much information about an acute emergency scenario can be shared with the public and police officers without breaking the patient's confidentiality.

• Technically a conflict between the guidance to take blood and wait for consent to test alcohol levels and the fact that in taking it you will be overiding the patient's autonomy i.e. doing it without her consent for a non-life-saving indication.
• So whilst it's standard practice to act in an effort to preserve life if the patient is incapacitated, taking blood alcohol levels for forensic purposes won't aid her recovery.
• Under other circumstances taking a blood sample could be considered an assault, but there is very specific guidance for this scenario (see BMA ethics guidance above).

• Taking blood specimens from incapacitated drivers. Guidance for doctors from the British Medical Association and the Faculty of Forensic and Legal Medicine. BMA Ethics.