Supreme Court grants challenge to warrantless blood tests on unconscious drivers

The Washington Times

Supreme Court justices agreed Friday to decide whether states with implied consent laws can draw blood for suspicion of drunk driving even when a driver is unconscious. The court will decide if a warrant must first be obtained under the Fourth Amendment. The case comes from Wisconsin, where Gerald Mitchell was pulled over and during questioning became lethargic. Police took him to the hospital where he became unconscious. His blood was drawn under the stateā??s implied consent law, which deems anyone driving a vehicle to have agreed to the procedure. He was convicted based on the evidence. Mr. Mitchell says he didnā??t consent and the blood results should have been suppressed.