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There are 28 states with laws which say, if driving on a public road, you therefore imply consent to a blood test.
But according to one Wisconsin man who was arrested for drunk driving and blood tested while *unconscious,* consent only comes with a warrant.
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But according to one Wisconsin man who was arrested for drunk driving and blood tested while *unconscious,* consent only comes with a warrant.
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Without a warrant, drawing blood is a significant intrusion of privacy on an unconscious person, Gerald Mitchell argues, and a violation of his 4A rights.
The State of Wisconsin doesnt see it that way & many courts are already split on the notion of implied consent as well.
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The State of Wisconsin doesnt see it that way & many courts are already split on the notion of implied consent as well.
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Today, @Scotus weighs arguments from both sides, including the notable contention by Wisconsin: if the court sides with Mitchell, that would mean unconscious drivers may have more rights than conscious ones.
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Later today, I'll break down arguments (which start at 1PM ET) for @CourthouseNews.
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