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State of Wisconsin v. Dawn M. Prado

Wisconsin Supreme Court Affirms Unconstitutionality of State Statute Permitting Warrantless Blood Draws from Incapacitated Drivers

[06/29/21]

Posted on June 29, 2021 in Health Law News

Published by: Hall Render

In State of Wisconsin v. Dawn M. Prado, the Supreme Court of Wisconsin affirmed the earlier 2020 decision of the Wisconsin Court of Appeals (as detailed in a previous Hall Render article), to hold that a provision of Wisconsin’s “implied consent” law (see “Incapacitated driver provision”,  Wis. Stat. § 343.305), which permitted police to... READ MORE

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Wisconsin Supreme Court Agrees to Review Prado Case Challenging Warrantless Blood Draws on Incapacitated Drivers Under Wisconsin’s Implied Consent Law

[11/11/20]

Posted on November 11, 2020 in Health Law News

Published by: Hall Render

Recently, the Wisconsin Supreme Court voted to accept review of State of Wisconsin v. Dawn M. Prado, in which the Court of Appeals struck down a portion of Wisconsin’s “implied consent” law that permits police to order warrantless blood draws on incapacitated drivers.[1] As detailed in a previous Hall Render alert, although the Court... READ MORE

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Wisconsin Statute Permitting Warrantless Blood Draws from Unconscious Drivers Held Unconstitutional

[07/15/20]

Posted on July 15, 2020 in Health Law News

Published by: Hall Render

On June 25, 2020, the Wisconsin Court of Appeals struck down a state statute permitting police to order warrantless blood draws from incapacitated drivers in State of Wisconsin v. Dawn M. Prado. This holding follows a U.S. Supreme Court ruling during the 2018 term that left unsettled whether Wisconsin’s implied consent law satisfies the... READ MORE

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