MADISON, WI (WSAU) – Police must get a warrant before drawing blood from incapacitated drivers in some drunk driving cases.
The ruling, 7-0 from the Wisconsin State Supreme Court, says that a state law that allows for involuntary blood samples in drunk driving cases, is unconstitutional. The court agreed with an earlier appeals court ruling from 2020 which held that taking blood from an unconscious drunk-driving suspect violates Constitutional protections against unlawful searches and seizures.
The state law had said that drivers are presumed to be impaired if police have probable cause. Police and prosecutors had argued that a drunk-driver’s blood alcohol level could change while waiting for a judge to issue a warrant.
Drivers in Wisconsin are still required to submit to field sobriety tests if pulled over by police, as a condition of having a drivers license. Those who refuse can have their licenses suspended by a judge.
