Wisconsin Illegal Blood Draw Lawyers

A blood draw is a Fourth Amendment search. The U.S. Supreme Court held in Missouri v. McNeely that the natural dissipation of alcohol in the bloodstream does not automatically create an exigency that justifies a warrantless blood draw — police generally must obtain a warrant. When officers draw blood without a valid warrant or an exception to the warrant requirement, they violate your constitutional rights.

Wisconsin’s implied consent law has specific requirements, and when law enforcement oversteps them — using force, coercion, or ignoring refusal rights — the blood draw may be both unlawful and the basis for a civil rights claim. Strang Bradley represents people throughout Wisconsin in these cases

What Makes a Blood Draw Illegal?

• Blood drawn without a warrant in a non-emergency situation
• Blood drawn by force or physical restraint without consent and without a warrant
• Blood drawn after you clearly refused and no warrant was obtained
• Coercion — threatening arrest, charges, or other consequences to obtain purported ‘consent’ that was not truly voluntary

The Criminal Case and the Civil Rights Case

If you were charged with OWI or another crime based on an illegal blood draw, suppression of the blood test results is a critical issue in your criminal case. But the forced or unlawful blood draw is also an independent Fourth Amendment violation for which you may pursue civil damages — regardless of the outcome of any criminal proceedings.

What to Do If You Were Subjected to an Illegal Blood Draw

1. Seek medical attention if the blood draw caused injury, infection, bruising, or nerve damage. Document all injuries.
2. Write down everything you remember: what officers said, whether you consented or refused, who performed the draw, and the conditions.
3. Contact a civil rights attorney promptly to evaluate your constitutional claim and preserve notice deadlines.

Constitutional and Wisconsin Law

Illegal blood draw claims proceed under the Fourth Amendment through 42 U.S.C. § 1983. Wisconsin’s implied consent statute (Wis. Stat. § 343.305) governs the procedural aspects of blood draws in the OWI context, and violations of its requirements can support both suppression in the criminal case and civil liability.

Compensation You May Be Entitled To From An Illegal Blood Draw

• Physical injuries caused by the blood draw (bruising, nerve damage, infection)
• Emotional distress, trauma, and violation of bodily autonomy
• Compensation for the constitutional violation itself
• Punitive damages in cases involving deliberate disregard of your rights
• Attorney’s fees under 42 U.S.C. § 1988

Why Choose Strang Bradley for Your Illegal Blood Draw Case

Our attorneys have handled the intersection of criminal defense and civil rights law for years. We understand the Fourth Amendment standards governing bodily searches in depth, the specific Wisconsin implied consent framework, and how to pursue accountability for officers who overstep their authority. If your blood was taken illegally, we want to hear from you.