Officer’s Notification of License Suspension Does Not Invalidate Consent for Blood Test

A driver’s consent to submit to a blood test is not invalidated because an officer informed him that refusal of such test would cause his license to be suspended under the implied consent law

State v. Blackman, 2016 BL 250352, Wis. Ct. App., No. 2015AP450-CR, 8/3/16.

    The Wisconsin Supreme Court held that an officer’s notification of the implied consent law requirement of submitting to a blood test after a minor accident did not coerce a driver into consenting to a test, which ultimately led to his license suspension. In this case, the driver was involved in a minor accident with a cyclist, whereas the implied consent law only applies to serious accidents that cause death or serious harm and the officer believes a traffic violation led to the accident. While the officer correctly recited to the driver the implied consent statute, the officer did not need to because it was not applicable to this situation. The Wisconsin Supreme Court noted, however, that it did not matter because the recitation of the implied-consent law was technically correct, thereby not invalidating the consent given from the driver. When a driver gives consent willingly, it is still consent. The court also commented that Wisconsin’s implied consent law was not invalidated by a recent U.S. Supreme Court decision that limits implied-consent laws only to civil penalties.

https://www.bloomberglaw.com/public/desktop/document/State_v_Blackman_No_2015AP450CR_2016_BL_250352_Wis_Ct_App_Aug_03_?1470950358