US Supreme Court to hear arguments on Wisconsin drunk driving law
The Supreme Court has agreed to hear a challenge to a Wisconsin drunk driving law that has parallels in other states.
Wisconsin law says law enforcement officials can draw blood from an unconscious driver without a warrant if they suspect the person was driving drunk.
The case the court agreed Friday to hear involves Gerald Mitchell. He was arrested for driving while intoxicated in 2013 in Sheboygan County. Mitchell was too drunk to take a breath test and became unconscious after being taken to a hospital. His blood was then drawn without a warrant. Mitchell was ultimately convicted of driving while intoxicated.
Mitchell says the blood draw was a search that violated his constitutional rights.
Wisconsin's Supreme Court ruled last July that drivers automatically consent to a blood draw when they drive on Wisconsin roads, and drivers who drink themselves into unconsciousness forfeit any opportunity to withdraw that consent.
Mitchell says 29 states have similar laws.