Justices Split on Warrantless Blood Draws from Unconscious Drivers (1)

U.S. Supreme Court justices were divided April 23 in a case asking whether warrantless blood alcohol draws of unconscious drivers authorized by state law are constitutional.

The rare afternoon argument—heard after the morning proceeding in the closely-watched Census case—focused on a Wisconsin state law that imputes consent for blood-alcohol tests to anyone who drives on a public road, thus allowing police to draw blood from an unconscious driver without a warrant.

More than half the states have similar laws.

Gerald Mitchell challenged the warrantless police action in his case, saying his test results from a blood draw showing he ...