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Wisconsin high court strikes down incapacitated driver law

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Posted at 3:24 PM, Jun 18, 2021
and last updated 2021-06-18 18:00:38-04

MADISON, Wis. (AP) — A unanimous Wisconsin Supreme Court has struck down a state law allowing for blood samples to be taken without a warrant from suspected drunken drivers who are incapacitated.

The court ruled unanimously on Friday that the law is unconstitutional, resolving a long-simmering issue. The court upheld a state appeals court ruling from last year saying that the law violates the Fourth Amendment protecting against unconstitutional search and seizure.

The state law in question says that incapacitated drivers — those who are unconscious due to drugs or alcohol — are presumed to have agreed to provide blood samples if there is probable cause they were impaired.

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