Wisconsin police can legally draw blood from unconscious drunk drivers without a warrant

a reply to: Cornczech

2 beers should only raise your bac to maybe max .03 on an empty stomach and if you had almost no muscle mass.
The law is there for people over .08 which is just as dangerous as texting and driving.
Also your medical condition has no effect on bac level, once alcohol is in you it's there and in your blood, you can't magically have lower or higher bac because of a tumor.

a reply to: SlapMonkey

if officers can receive a warrant to draw the blood, that's different.

Sums it up perfectly SM

Most states handle refusal to submit to testing as an administrative positive result and yank the person's OL anyways

a reply to: Lurker1

So you are ok with the police/goverment barging into your house and checking for anything illegal? You are ok because you aren't hiding anything.

You are ok with the authorities clipping your child's hair to test for drugs and/or to make sure you fed them nutritious food. You are ok with your personal phone and internet being screened by your employer to ensure you don't violate their nda. These kinds of rulings lead to all other kinds of rulings. It starts off with things we all find unsavory, like drunk driving.
But that's the thing, how do cops know if the driver is indeed drunk? They don't!!!!

originally posted by: JBurns
a reply to: SlapMonkey

if officers can receive a warrant to draw the blood, that's different.

Sums it up perfectly SM

Most states handle refusal to submit to testing as an administrative positive result and yank the person's OL anyways

Thats why Wisconsin has it backwards they are using BAC tests to confirm guilt. In other states they are used to confirm innocence. Failure to comply means they lose the right to drive. States will charge you with refusal. "If you're charged with refusal, when convicted, the consequences of refusal on the first offense DUI are no driving privileges whatsoever. No restricted license, nothing."

This usually why people submit to testing in everything but manslaughter cases. And usually with that they will get a judge to authorize a warrant.

It looks like the Land of the Free ain't so free after all!!

a reply to: intrepid

Well Mountain Dew abuse is on the rise.

OK, OK... guilty as charged.

TheRedneck

a reply to: angeldoll

"don't drive while unconscious".

Gonna be a lot of late truck deliveries if this takes hold...

TheRedneck

a reply to: dragonridr

Alabama also uses alcohol tests to prove guilt. Refuse a test and you are charged as though you failed. The refusal doesn't go over well in court; most jurors will assume you refused because of guilt and just convict you.

TheRedneck

I dunno, might be a bit too simple an answer, and I know they often confuse people.
But maybe don't drink and drive and you have nothing to worry about?

Cannot say I have ever met any adult from any western world to date who doesn't know it's illegal.

If someone is so drunk they have passed out, I generally find they tend to reek of booze regardless of the type.
Seems like it would be hard to confuse it with an OD.

I mean what are the chances someone faints and magically a bottle of whiskey appears and pours itself all over them?

I dunno, I am Australian, I know our water in drains and cyclones spin the other way, maybe booze and driving drunk works different in the U.S too.

originally posted by: DanDanDat
How do unconscious people drive?

.... very badly I'd imagine.

The justices ruled 5-2 that drivers automatically consent to a blood draw when they drive on Wisconsin roads.

does this just apply to citizens of Wisconsin or does anyone driving through the state lose their right to privacy?

Everyone. You are consenting by virtue of driving.

Just want to add my 2 cents.....First off 20+ years medical background here medic, MA, laboratory/phlebotomy. I did DUI task force in AZ and the rules were/are.
Request field sobriety. Person refuses.
Request breathalyzer. Person refuses. Next step blood work for refusing both tests.
That's when I use to get a call/text message to come get that sample. It's simple enough to get the sample and generally doesn't cause harm. Unless that person decides to add to their escalating problems and fight. It would be so easy to just say 'Yes' to either test before escalating it to having blood work which will show exactly how much alcohol is in the person's system.
It's generally 2 vials of blood sealed, dated, timed, initialed in a sealed sample bag with the paperwork. If any issues arise the person who took those samples goes to court to testify they did in fact draw that blood. I have also trained officers to
draw blood for extreme situations. Yeah I thought it was crazy but most are not as incompetent as one may think and pretty good guys.

Now a passed out person is going to get labs done no matter what once they get to the ER no question.....
The hospital will also take samples and run tests to find out IF in fact the person was drunk or even wacked out on other substances. In accordance to medical guidelines, when drugs and or alcohol is involved the authorities will be notified especially if the person is suspected of drunk driving or another crime.
People can argue DUI rights and peoples rights all they want and I get it, I also get the paranoia part of it cause I've been on the receiving end of a jerk cop. Medical staff will generally trump police and make the best decision, but if a person is suspected of certain crimes medical staff will work with the police and justice department. Even I have stood my ground toe to toe with deputies and officers over these things and won or reached common ground in the situation. I will be honest though someone passed out going to the ER should get blood work period and if it did show it was alcohol induced depending on the situation those results should be given to the proper individuals and authorities. People will get angry because their rights were so called violated, but what about those who they could possibly harm or have harmed. Once one gets behind the wheel drunk it's not only their life they are playing with, it's yours, it's your friends, it's your husband/wife, it's your children. Medical staff won't allow a person to be harmed/violated, but will also work very closely with police when drugs and alcohol are involved.
This can go round and round and turned into a full blown conspiracy of the man wanting to control us, but honestly...Get behind the wheel drunk and you're gonna get into trouble sooner or later period. And honestly if the person turns out innocent. Then go after the people who did it.

originally posted by: Cornczech
you obviously don't know the LAW.......even legal drugs can give you a DUI.......try driving with Ativan n your blood stream.....or a lot of seizures meds.....meds for pain, mental illness, etc etc.....

I mean, with THAT statement.....that means you would be OK with the tazing of this autistic boy who cops thought was drunk.....thefreethoughtproject.com... reply to: Lurker1

You're amusing the hell out of me. You have no idea what I did for a living before my retirement.

originally posted by: JAGStorm
a reply to: Lurker1

So you are ok with the police/goverment barging into your house and checking for anything illegal? You are ok because you aren't hiding anything.

You are ok with the authorities clipping your child's hair to test for drugs and/or to make sure you fed them nutritious food. You are ok with your personal phone and internet being screened by your employer to ensure you don't violate their nda. These kinds of rulings lead to all other kinds of rulings. It starts off with things we all find unsavory, like drunk driving.
But that's the thing, how do cops know if the driver is indeed drunk? They don't!!!!

You are an hysteric and, obviously, have a personal issue with LE.

a reply to: Lurker1

I'm not a hysteric, but I'm old enough to have seen so many things change right before my eyes.
I also do not have any problem with LE. I have a problem with laws that take away our rights.