Mitchell v. Wisconsin

After a witness reported Gerald Mitchell (defendant) driving drunk, officers found him slurring and stumbling with a preliminary breathalyzer reading triple the legal limit; when he became too lethargic for an evidence-grade breath test at the station, officers transported him to the hospital, where he passed out en route. An officer read Wisconsin's standard implied-consent statement to Mitchell, received no response, and directed hospital staff to draw blood anyway, which confirmed his BAC remained nearly triple the legal limit 90 minutes after arrest. The trial court admitted the blood-test evidence over Mitchell's Fourth Amendment objection, he was convicted, and the Wisconsin Supreme Court affirmed; the U.S. Supreme Court granted review.