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Supreme Court Affirms Police Can Order Blood Drawn From Unconscious DUI Suspects

In a 5-4 vote, the court upheld a Wisconsin law that says motorists have given implied consent to having blood drawn. There were two dissents — including one from Justice Neil Gorsuch.
In a 5-4 vote, the U.S. Supreme Court upheld a Wisconsin law that says motorists have given implied consent to having blood drawn.

The Supreme Court has ruled that police may, without a warrant, order blood drawn from an unconscious person suspected of driving under the influence of alcohol.

The Fourth Amendment generally requires police to obtain a warrant for a blood draw. But in a 5-4 vote on Thursday, the court upheld a Wisconsin law that says people driving on a public road have impliedly consented to having their blood drawn if police suspect them of driving under the influence. It also said that "exigent circumstances" permit police to obtain a blood sample without a warrant.

Justices Samuel Alito, Clarence Thomas, Stephen Breyer and Brett

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