Switch to ADA Accessible Theme
Close Menu
Fort Myers Criminal Defense Lawyer / Blog / DUI / What Happens if I’m Unconscious After a DUI in Fort Myers?

What Happens if I’m Unconscious After a DUI in Fort Myers?

_CrimJustice

Whether caused by a head injury or an intoxicating substance, motorists often fall unconscious after alleged DUIs in Fort Myers. How does this affect your arrest and your legal rights? Are police officers allowed to take you into custody despite the fact that you cannot respond to questions or consent? This is something you might want to discuss with an experienced Fort Myers DUI lawyer.

Man Falls Asleep During Arrest After Alleged DUI in Fort Myers

In December of 2025, Gulf Coast News Now reported that a man had been arrested after allegedly crashing his vehicle into a school bus in Fort Myers. Local police say that he was “under the influence of an unknown substance” at the time of the accident.

After the crash, first responders transported both the defendant and his passenger to a local hospital. Police then arrived and attempted to read the defendant his implied consent for blood samples. The man refused to provide the blood sample, and then promptly fell asleep while an officer attempted to read him his Miranda Rights.

Once he regained consciousness, the defendant agreed to provide a blood sample and listened to his Miranda Rights. Police subsequently located various drugs, ostensibly from the defendant’s vehicle, and the defendant admitted to taking morphine before the crash.

This defendant is, of course, innocent until proven guilty. If nothing else, this incident illustrates the general timeline of events after a defendant falls unconscious after an alleged DUI. First responders will likely transport the individual to a local hospital, where they will receive treatment. Once the defendant is physically able to communicate with police officers, they may hear about implied consent.

Note that a defendant is still capable of refusing to provide a blood sample in this situation. However, hospital staff may take blood samples while the defendant is unconscious, therefore providing law enforcement with important evidence. In addition, a police officer must read a defendant their Miranda Rights before arresting them. If the defendant is unconscious or asleep, it may be impossible for them to do so.

If you believe that a police officer failed to read you your Miranda Rights or engaged in any kind of questionable conduct related to your arrest, you should inform your defense lawyer. In some cases, this could be enough to help you avoid criminal charges entirely. The way in which medical staff or law enforcement take your blood sample while you’re unconscious may also become relevant.

Can a Fort Myers DUI Lawyer Help Me? 

If you’re wondering what might happen after your Fort Myers DUI arrest, you might want to contact an experienced defense attorney. These legal professionals can guide you toward a positive outcome, even if you’re not sure what happened after an accident or arrest. Consider contacting The Foley & Wilson Law Firm to learn more about the next steps.

Sources:

 gulfcoastnewsnow.com/article/punta-gorda-crash-school-bus-narcotics-arrest/69622105

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.1933.html