The issue of warrantless blood-draws has been the focus of several high-profile Supreme Court opinions over the past few years. The U.S. Supreme Court recently heard arguments in another DUI case involving the warrantless blood-draw of an unconscious motorist. The issue before the Court in Mitchell v. Wisconsin was whether a statute that authorizes a blood-draw from an unconscious motorist is lawful under the Fourth Amendment. Whatever the Supreme Court decides will likely have a decisive impact on California’s implied-consent law and implied-consent laws across the United States.
According to the court’s opinion, the defendant was arrested in May 2013 for driving while intoxicated. Police took him to the hospital, but the defendant became unconscious before he could provide consent to draw his blood. The hospital workers drew the defendant’s blood at the request of the police and without a warrant. The defendant’s blood-alcohol concentration was .222, and he was subsequently charged with driving while intoxicated.
The defendant argued that the blood test was not admissible in court because his blood was taken without a warrant. The prosecution argued that the police did not need a warrant to draw his blood under the state’s implied-consent statute. Under that state’s statute, by virtue of driving a vehicle, motorists provide consent to undergo blood, urine, and breath tests to determine the motorist’s alcohol or drug content. The state’s supreme court upheld the search as lawful, ruling in the state’s favor 5-2. However, there was no consensus on the reasoning as to why it was lawful. The U.S. Supreme Court’s decision is still pending, and is expected later this year.