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Divided Wisconsin Supreme Court says blood draw legal

MADISON, Wis. (AP) — The Wisconsin Supreme Court, in a divided decision, has reinstated a drunken driving conviction against a Sauk County man who argued his blood was illegally drawn.

The court overturned a state appeals court ruling with a 5-2 opinion on Friday. The appeals court had ruled that the blood draw was unconstitutional because the emergency medical technician acted under the direction of police, not a doctor.

But the Supreme Court says the blood draw was conducted in a “constitutionally reasonable manner.”
A Sauk County sheriff’s deputy arrested Patrick Kozel in August 2013 after noticing him driving erratically in Greenfield. Kozel agreed to have his blood drawn by a Baraboo District Ambulance Service EMT at the jail.

Justices Shirley Abrahamson and Ann Walsh Bradley dissented, saying there was insufficient evidence the EMT was working under a doctor’s order.

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