Civil Rights & Police Misconduct

Wisconsin Illegal Blood Draw Lawyers

The Government Cannot Unreasonably Draw Your Blood

When Police Use Force Unlawfully, You Deserve Justice

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.

Strang Bradley’s History of Winning Blood Draw Cases

A selection of blood draw cases the firm has recently filed, won on summary judgment, and obtained judgments in.

Summary Judgment Wins

  • Voegeli v. City of Janesville

    No. 3:20-cv-00845 (W.D. Wis.)

    Defendants: County of Rock, City of Janesville, Vincent Lemery, Kevin Skatrud

    Date of Summary Judgment Decision: 10/1/21

    Won Warrantless Blood Draw and Failure to Intervene. Judge James D. Peterson concluded the officers violated the plaintiff’s 4th Amendment rights.

    View Filed Complaint View Summary Judgment Decision

In the news

Answers

Illegal Blood Draw FAQs

  • Can police take my blood without a warrant?

    Usually not. Under Missouri v. McNeely, the natural dissipation of alcohol does not automatically justify a warrantless draw — police generally need a warrant; genuine, voluntary consent; or an actual emergency.

  • I refused but they drew my blood anyway. Do I have a claim?

    Possibly. A forced draw without a warrant or valid consent can violate the Fourth Amendment, separate from your OWI case

  • Does this affect my criminal case too?

    Yes. An illegal blood draw can be challenged for suppression in the criminal case, while the civil rights claim proceeds separately.

Did the Police Unreasonably Search You? Let’s talk.

Consultations are free and confidential. Tell us what happened and we will tell you how we can help.