Wisconsin high court strikes down incapacitated driver law
Posted: Jun 18, 2021 10:21 AM CDT
By SCOTT BAUER Associated Press
MADISON, Wis. (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.