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OWI – Implied Consent: Warrantless Blood-Sample Analysis

State v. Paul J. VanLaarhoven, 2001 WI App 275
For VanLaarhoven: Michele Anne Tjader

Issue: Whether a blood sample, properly obtained under the Implied Consent law, may be analyzed without a warrant.

Holding: The Implied Consent law requires that all who apply for a driver’s license consent not only to provide a sample, but also a chemical analysis of the sample, ¶¶7-8. More broadly: “the examination of evidence seized pursuant to the warrant requirement or an exception to the warrant requirement is an essential part of the seizure and does not require a judicially authorized warrant.” ¶16. Thus, “law enforcement was permitted to conduct an analysis of VanLaarhoven’s blood to determine if it contained evidence of a blood alcohol concentration in excess of the legal limi,.” ¶17.

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