Blood Draws And Unconscious Drivers (Part 1)

by Fred Sisto | Aug 6, 2019 | Blog, Criminal Law, Know Your Rights, Monmouth County, Ocean County

On June 27, 2019, the United States Supreme Court decided the case of Mitchell v. Wisconsin. The principal issue was whether a driver’s lack of consciousness permits a warrantless blood draw.

Justice Alito wrote for the majority and held in relevant part as follows: Petitioner Gerald Mitchell was arrested for operating a vehicle while intoxicated after a preliminary breath test registered a blood alcohol concentration (BAC) that was triple Wisconsin’s legal limit for driving. As is standard practice, the arresting officer drove Mitchell to a police station for a more reliable breath test using evidence-grade equipment. By the time Mitchell reached the station, he was too lethargic for a breath test, so the officer drove him to a nearby hospital for a blood test. Mitchell was unconscious by the time he arrived at the hospital, but his blood was drawn anyway under a state law that presumes that a person incapable of withdrawing implied consent to BAC testing has not done so.

The blood analysis showed Mitchell’s BAC to be above the legal limit, and he was charged with violating two drunk-driving laws. Mitchell moved to suppress the results of the blood test on the ground that it violated his Fourth Amendment right against “unreasonable searches” because it was conducted without a warrant. The trial court denied the motion, and Mitchell was convicted. On certification from the intermediate appellate court, the Wisconsin Supreme Court affirmed the lawfulness of Mitchell’s blood test.

The judgment is vacated. When a driver is unconscious and cannot be given a breath test, the exigent-circumstances doctrine generally permits a blood test without a warrant.

This holding is not surprising when considering that the focus in blood draw cases is on the effect that the process and the use of a needle has on person being tested. When they are unconscious, the argument is that the search is reasonable because they are not in a state of terror that many people feel when confronted with the use of a needle. It would make for an interesting case if the subject were coming in and out of consciousness during the blood draw procedure.

      Excellent rating  
 Based on 288 reviews 
    
  
 
 
      Have been very happy to share checkpoint info with friends so they can  be safe and sober drivers. Thanks for a great community effort
     Ron T 
 
 
 
 
    Antes que todo le doy las gracias señor Frederick P Sisto por representarme legalmente es usted un excelente abogado que habla con la verdad desde el principio es usted un abogado profesional que que sabe bien lo que hace ante los juzgados sin importar mi estatus legal en este país me represento con respeto y sobre todo muy profesionalmente y pudo hacer q bajaran mi delito de segundo grado a tercer grado y lo mejor que no permitió que me dieran tempo en carcel mi familia y yo estamos muy agradecidos con usted Puedo recomendar al señor abogado Frederick P Sisto como un excelente abogado  y sin duda COMO UNO DE LOS MEJORES DEL ESTADO  DE NEW JERSEY First of all I thank you Mister Frederick P Sisto for representing me legally you're an excellent lawyer who speaks to the truth from the beginning you are a professional lawyer who knows well what you do before the courts regardless of my legal status in this P Country I represent with respect and especially very professionally and could make Q lower my second-degree offense to third grade and the best I did not allow me to give tempo in jail my family and I are very grateful to you I can recommend Mr. Freder Attorney Ick P Sisto as an excellent lawyer and certainly as one of the best in the state of NEW JERSEY
     Raul F 
 
 
 
 
    Fred Sisto is a great attorney. Highly recommend. He is very trustworthy, professional, and has great communication skills, one being that he is very down to earth and makes you feel comfortable in all possibilities. I am very happy I went with him to represent me, we received the best possible outcome for our matter, while he was honest with all possibilities along the way.
     Mike A 
 
 
 
 
    Great information sharing.
     Phil S 
 
 
 
 
    Fred was very professional, competent,  and a pleasure to deal with I cant thank him enough I highly recommend his services
     Mildred T 
 
 
 
 
    Fred Sisto was a great lawyer, my outcome of my case was just how we wanted it to be. He was very good at answering phone calls and emails in a timely fashion. He was very easy to talk to and understanding of my situation. He made sure I knew all angles of the case and our best options when moving forward. I know that hiring a lawyer isnti always easy but I highly suggest Fred Sisto if you are put in the position and are in need of a lawyer.
     Cory C 
 
 
 
 
    Worst Attorney I have ever encountered he will WASTE your time and steal your MONEY. Don't RECOMMEND!
     Patric W 
 
 
 
 
    Love his warnings of dwi checkpoints. Nothing but constitutionally illegal money makers.
     Honkeytonk J 
 
 
 
 
    I highly recommend Fred. He is very knowledgeable and will look out for your interest. I am happy with the outcome of my case. I hope I don’t have to use his services again but if I did I will definitely use him again.  He also has a great personality and is very personable. That’s always a plus!
     Mohammad J 
 
 
 
 
    Mr. Sisto was not only a knowledgeable and excellent lawyer, he was compassionate and understanding during this difficult time. I found Mr. Sisto to always be available and he services were affordable and effective. You will not find a better lawyer.
     Joseph S