Under New York DWI law, merely by driving a car a motorist is presumed to have agreed to take a chemical test when requested by a police officer who suspects that the driver is under the influence of drugs or alcohol. This law, called an implied consent statute, is in effect in many states.
Recently, the United States Supreme Court heard the case Mitchell v. Wisconsin that raises a previously undecided issue regarding implied consent laws. Specifically, the case required the Court to determine whether “a statute that authorizes a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement?”
The case arose when the defendant was arrested on suspicion of driving while intoxicated. Evidently, on the way to the police station, the defendant became lethargic, and the arresting officers took the defendant to the hospital. One of the officers accompanying the defendant read him a form explaining the state’s implied consent law; however, the defendant was so incapacitated that he was unable to indicate to the officers that he understood the warnings. The defendant did not either specifically consent or refuse. However, at the hospital, police officers requested that hospital workers take the defendant’s blood. It was later determined that the defendant’s blood-alcohol content was .222, which was well over the legal limit of .08.