Congressional Digest

Supreme Court Debates October 2019 No. 7 Vol. 22
Foreword

Blood-Alcohol Tests While Unconscious

“Implied Consent” Laws and Drunk Driving

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Foreword

All 50 U.S. States require those driver’s license holders to give their “implied consent” to breath or blood tests for alcohol if they come under suspicion of driving while intoxicated. Consent to a blood test can be withdrawn — although it subjects drivers to revocation of their license and can be used against them in a subsequent criminal trial. What happens, however, if a driver is in no condition to consider withdrawing their consent to such a test? This was the question raised in Mitchell v. Wisconsin, a case decided by the U.S. Supreme Court in June 2019. Gerald P….

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