Can Police Test the BAC of an Unconscious Driver?

A Wisconsin case pending before the Supreme Court of the United States challenges the legality of a BAC test taken while the driver was unconscious. The Supreme Court’s ruling could affect the law in Oklahoma, which currently permits both blood and breath tests of people who are unconscious. 47 O.S. § 751. What Happened in the Case? The Wisconsin case centers on a blood draw from a man named Gerald Mitchell who was found “wet, shirtless and covered in sand” on a beach after police had received reports that he was driving drunk. He unfortunately all but admitted that he had been...

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