Congressional Digest

Supreme Court Debates October 2019 No. 7 Vol. 22
Gerald P. Mitchell, Petitioner

Blood-Alcohol Tests While Unconscious

“Implied Consent” Laws and Drunk Driving

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Gerald P. Mitchell, Petitioner

Andrew R. Hinkel, Counsel of Record

On May 2013, Gerald P. Mitchell, a resident of Sheboygan, Wisconsin, was spotted by a neighbor driving off in his van after appearing intoxicated. The neighbor called the police, who found Mitchell walking near a lake with his van nearby. When he registered a blood-alcohol content (BAC) over the .08 legal limit on a breath test, the officers arrested Mitchell for driving under the influence of alcohol. While in police custody, Mitchell repeatedly lost consciousness. The officers decided to take him to a local hospital for a blood test that would be admissible in court. Mitchell, who remained unconscious through…

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