Did the Police Give You a Blood Test Without a Warrant?
Due to an April 17th Supreme Court Ruling, blood tests without a warrant are no longer allowed.
A recent Supreme Court Ruling has determined that taking the blood of a driver (based on suspicion of OWI) now requires a warrant. Previously, the courts had determined that because your body naturally eliminates alcohol from your system, that law enforcement was allowed to test you as soon as possible in the interest of preserving the evidence against you (ie, your Blood Alcohol Content, which may decrease while the police are waiting for a warrant).
On April 17th, in a case called "Missouri v. McNeely", which can be seen here, determined that these warrantless searches would no longer be allowed.
What does this mean for you if you have been charged with OWI in Wisconsin?
Michele Tjader is working on behalf of her clients to withdraw consent for any blood tests given. In the past, it was common for drivers to give law enforcement permission to do a blood draw because the Informing the Accused form essentially tells them they have to submit to the test. Once consent is withdrawn, the evidence the government has against you is from a warrantless search, meaning they may not be able to use it in court. An OWI charge without evidence is sure to be dismissed.