The Supreme Court is deciding if Wisconsin's implied consent law allows for a blood draw without a warrant for a drunk-driving conviction. The Fourth Amendment requires a warrant for blood draws, except in emergencies. The court previously approved breath tests without a warrant but not blood tests on conscious individuals. A blood test may be necessary if a breath test is unavailable. The Court has held that the right against self-incrimination is not violated by forcing drunk-driving suspects to undergo a blood test. However, a defendant might show that their blood would not have been drawn without seeking BAC information.
Mitchell v. Wisconsin (2019)
Supreme Court of the United States
139 S. Ct. 2525, 204 L. Ed. 2d 1040
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