Wisconsin Supreme Court Upholds Ruling on Blood Tests of Unconscious Individuals

Saturday, June 19th, 2021 -- 8:08 AM

(AP) -A unanimous Wisconsin Supreme Court has struck down a state law allowing for blood samples to be taken without a warrant from suspected drunken drivers who are incapacitated.

The court ruled unanimously on Friday that the law is unconstitutional, resolving a long-simmering issue. The court upheld a state appeals court ruling from last year saying that the law violates the Fourth Amendment protecting against unconstitutional search and seizure.

The state law in question says that incapacitated drivers, those who are unconscious due to drugs or alcohol, are presumed to have agreed to provide blood samples if there is probable cause they were impaired.

Feel free to contact us with questions and/or comments.