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Blood Draws from Unconscious Drunk Drivers Approved

The state Supreme Court says police can legally draw blood from unconscious drunken drivers. The court ruled that drivers automatically consent to a blood draw when driving on Wisconsin roads, and that drivers who drink to the point of passing out will forfeit any chance to withdraw that consent. 

This stems from a 2013 Sheboygan County case, where Gerald Mitchell passed out after being arrested – and police took him in for a blood draw. An officer told Mitchell he could refuse the draw, but since Mitchell was unconscious and unable to respond, the officer had hospital staff go through with the test. Mitchell argued that the incident had violated his constitutional rights.