Without Warrant, Police May Take Blood From Unconscious DUI Suspect

2019

The U.S. Supreme Court says in a 5-4 ruling that law enforcement officers, without a search warrant, may order blood drawn from an unconscious person suspected of driving drunk or while under the influence of drugs. The Fourth Amendment generally requires police to get a warrant to draw blood. In Mitchell v. Wisconsin, the Court upholds a Wisconsin law that says people driving on a public road have implied consent to having their blood drawn. In previous Court rulings, the justices have said that a blood draw is a significant bodily intrusion into a person’s privacy.