Hi everyone. After many months of researching this topic and the appropriate procedures, I keep coming to roadblocks.

here is the background of the incident. (California)
Car accident, one fatality with injury to another passenger. Driver of the other car, ran a red light, and was speeding. (We will call him "Sam")
Sam was in a car fully engulfed and was pulled out by passerbys. Sam had life threatening injuries and was taken to the hospital. Once he arrived of course there was an officer waiting to question him in regards to intoxication.
Sam arrives, is adminstered Morphine by a nurse, which the officer watches. Sam has life threatening injuries. Officer after watching and seeing the pain Sam is in, asks general questions, then asks that he consent to a blood draw. Sam, not knowing what was being said due to the morphine and the injuries he sustained agreed to a blood draw. Not knowing what was going on around him.

Did the officer need a warrant and should have sam been placed under arrest per the implied consent law of california. I am trying to do a motion to suppress the blood evidence based on no warrant, no arrest and that Sam was incapable of voluntarily consenting to a blood draw because of his mental and physical state.

Any help is greatly appreciated, like i said I keep hitting roadblocks.