The Wisconsin Supreme Court held that drivers consent to blood draws simply by having a driver’s license.
The United States Supreme Court has decided to hear a case that challenges a Wisconsin law that allows law enforcement officers to withdraw blood from unconscious drivers who they suspect may have been driving under the influence. The case, Mitchell v. Wisconsin, may have an impact on drivers across the country.
In Mitchell, a driver (Gerald Mitchell) was pulled over after the police received reports that his vehicle was driving in an erratic fashion. Preliminary testing revealed that Mr. Mitchell had a blood alcohol content (BAC) or .24 percent, which is three times the legal limit. The officer arrested Mr. Mitchell and drove him to the hospital to take a blood sample. By the time that they arrived at the hospital, Mr. Mitchell had lost consciousness and could not be woken. He was not coherent enough when he did wake up to answer questions on a blood draw consent form. Nevertheless, blood was drawn without his express consent. These tests revealed a BAC of .22 percent.
At trial, Mr. Mitchell moved to suppress the contents of the blood draw, arguing that it was the equivalent of a warrantless search and seizure. He was convicted of driving under the influence anyways, and appealed his case to the Wisconsin Supreme Court. The Court determined that Wisconsin’s implied consent laws mean that Mr. Mitchell’s possession of a driver’s license give consent to law enforcement to take a blood sample if there was probable cause to arrest him on suspicion of driving under the influence. Mr. Mitchell appealed the case again, and the United States Supreme Court recently agreed to hear it. A decision could be issued as early as June 2019.
Like Wisconsin, California has an implied consent law. Under the law, a person who drives a motor vehicle is considered to have given consent to chemical testing of their blood or breath for purposes of determining their BAC, if they are lawfully arrested on suspicion of driving under the influence. As an Orange County DUI attorney can explain, in California, the Vehicle Code provides that a person who is unconscious or otherwise unable to refuse consent is deemed to have “not withdrawn his or her consent.” As such, a chemical test can be administered to an unconscious person in California — or even to a deceased person.
According to an experienced Orange County DUI attorney, a decision in this case could have a significant effect on DUI law across the United States — including here in California. If the Supreme Court upholds the Wisconsin decision, it will affirm the right of law enforcement to take blood samples from unconscious drivers under a theory of implied consent. However, if the Supreme Court overturns the Wisconsin Supreme Court decision, it could mean sweeping changes in DUI laws, as police will no longer be permitted to take blood samples from unconscious drivers without their consent.
If you have been charged with a DUI, the Chambers Law Firm can help. We are highly skilled at representing clients through all phases of the process. Contact us today at 714-760-4088 or dchambers@clfca.com to learn more or to schedule a free initial consultation.
