MADISON, Wis. (AP) — A Wisconsin appeals court has ruled that taking blood samples without a warrant from incapacitated drivers suspected of driving drunk is unconstitutional. The 4th District Court of Appeals ruled Thursday that a provision in state law that allows for such samples to be taken violates the Fourth Amendment that protects against unconstitutional search and seizure. The decision throws out a long-standing state law provision stating that incapacitated drivers are presumed not to have withdrawn consent for blood tests.
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