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Blood from unconscious OWI suspects


When the police find an unconscious driver suspected of operating while intoxicated, the exigent circumstances doctrine will almost always permit a blood test without a warrant according to the United States Supreme Court in Mitchell v. Wisconsin. To determine whether an exigency exists where a suspected drunk driver is unconscious, courts should consider whether the blood alcohol content (BAC) evidence is dissipating and when some other factors creates pressing health, safety or law enforcement needs which would take priority over obtaining a search warrant for a blood test. Thus, when the driver is unconscious, the United States Supreme Court imposed the general rule that a search warrant is not needed for a blood test.

With over 35 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to operating while intoxicated offenses and other criminal charges. Few other attorney can match his trial experience and knowledge of criminal law and he can use that experience and knowledge to benefit you. If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.

Filed to Ask a Lawyer, Operating While Intoxicated

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