Blood Draw Of Sparta Driver Ruled Illegal, But OWI Conviction Stands

The Wisconsin Supreme Court says police should not have taken a blood sample from a Monroe County drunk-driving suspect without a warrant…

But despite that ruling, the O-W-I conviction against Cassius Foster of Sparta will not be overturned.  Foster served jail time after being stopped for driving drunk and speeding in Tomah.  It was his sixth offense.  The state justices agree with a federal court case that a blood draw without a warrant was unconstitutional.  However, they cite other legal cases to rule that the blood alcohol evidence which came from the draw could be used to convict Foster.