Legal Update

Legal Update September October 2019

Larry E. Holtz, Esq. High Court Permits Warrantless Blood Draws from Unconscious Drunk Drivers Is a warrant required for a blood test when an officer has probable cause to believe a motorist has been driving while under the influence of alcohol, but the motorist is unconscious and cannot be given a breath test? Recently, in Mitchell v. Wisconsin (U.S. 2019), the United States Supreme Court said, “No.”In such cases, “the exigent circumstances rule almost always permits a blood test without…

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