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Wisconsin court finds blood test for passed-out drivers unconstitutional Friday, June 26, 2020

Courthouse News Service

A provision allowing for an unconscious driver to have their blood drawn and tested was declared unconstitutional by a Wisconsin appeals court Thursday, marking a consequential turn in the ongoing debate on implied consent laws.

A three-judge panel of the Wisconsin Court of Appeals’ District IV in Madison concluded in a 43-page decision that “the incapacitated driver provision is unconstitutional because the implied consent that incapacitated drivers are deemed to have given and presumed not to have withdrawn does not satisfy any exception to the Fourth Amendment’s warrant requirement.”

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