Wisconsin drivers may want to update themselves on a recent U.S. Supreme Court ruling that stemmed from an OWI case that occurred in this state. The Fourth Amendment of the U.S. Constitution protects people against unlawful searches or seizures. A challenge was issued in court a while back, asserting that a man’s personal rights had been violated.
Police apparently did a blood draw on the man to check his blood alcohol content level while he was unconscious, following a motor vehicle crash. The man’s attorney later argued that under such circumstances, the test violated the man’s legal rights. The question as to whether police can draw blood without a warrant when a person is unconscious was considered by the U.S. Supreme Court.
With a ruling that will have a significant impact on some Wisconsin motorists, the high court ruled that it is not a violation of a person’s rights for police to draw blood from an unconscious person without a warrant. Under such laws, a person could wind up facing charges for operating a motor vehicle under the influence of alcohol or drugs. Any subsequent convictions could result in stiff penalties, perhaps including jail time and/or substantial fines and a driver’s license revocation.
In some situations, a person convicted of OWI in Wisconsin might incur all of the penalties mentioned earlier. In light of such facts, it is understandable why someone arrested for possible drunk driving would want to try to mitigate the circumstances as much as possible. An experienced criminal defense attorney is the best source of support when trying to achieve the best possible outcome in court.