Legal Question in DUI Law in Wisconsin

It is an open question in WI whether or not search warrants are even required before drawing blood from OWI suspects, due to the urgent need to get the sample before the body removes alcohol from it through the natural metabolic process. For many years, the blood was just seized, regardless of whether the suspect consented or warrants were issued, under the legal doctrine of "exigent circumstances." However, the U.S. Supreme Court recently ruled that it would consider the need for warrants on a case by case basis, regardless of the ephemeral nature of suspects' naturally disappearing blood alcohol. Factors such as the availability of a judge to sign a warrant at any given time and location factors which courts now consider, and law enforcement has responded to this case by getting warrants when possible. A minor clerical mistake on a warrant is therefore not likely to have much importance during litigation on a motion to suppress such evidence.

I don't know why several of your friend's samples were thrown out while others were not, but there certainly could be situations where some tests satisfied scientific protocols for forensic evidence while others did not. Factors could include when the blood was drawn relative to when the suspect last drove, whether the suspect was continuing to drink after the accident, how promptly the vials were labeled and refrigerated, etc. Therefore, nobody could even attempt to answer your second question without those details.

Do not assume that I am your attorney due to this answer, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications or further questions. Otherwise, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or http://www.lawguru.com/answers/search/attorney/jknixon.