Congressional Digest

Supreme Court Debates October 2019 No. 7 Vol. 22
State of Wisconsin, Respondent

Blood-Alcohol Tests While Unconscious

“Implied Consent” Laws and Drunk Driving

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State of Wisconsin, Respondent

Anthony D. Russomanno, Counsel of Record

Wisconsin, like all 49 other U.S. States and the District of Columbia, has an “implied consent” law that provides that individuals who operate motor vehicles on public roads will allow a blood, breath, or urine test to determine if they are under the influence of drugs or alcohol. Drivers who refuse a test have their licenses suspended and could face civil penalties. A judge can also issue a warrant for an involuntary blood draw. In May 2013, Wisconsin police arrested Gerald Mitchell for suspicion of driving under the influence of alcohol. Before they could obtain his consent for a blood…

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