County of Trempealeau v. Layne Perry Stenberg

Summary

The Wisconsin Court of Appeals affirmed an order concerning Layne Perry Stenberg’s refusal to consent to a blood draw under Wisconsin’s implied consent law. The court held that Wisconsin Statutes § 343.305(2) does not violate the unconstitutional conditions doctrine because refusal results in civil penalties and the State must obtain a warrant or rely on a warrant exception to conduct the blood draw. The court also rejected Stenberg’s argument that the statute fails a least-intrusive-means test under the Fourth Amendment.

Holdings

1. Wisconsin Statutes section 343.305(2) is constitutional facially and as applied to Stenberg because a person who refuses an informed blood draw faces only civil consequences, while the State must obtain a warrant or rely on a valid warrant exception before drawing the person's blood.
2. Section 343.305(2) does not violate the Fourth Amendment's least-intrusive-means principle because the statute does not require law enforcement to use a blood draw when a motorist refuses consent, and the Fourth Amendment does not generally require the government to use the least intrusive practicable search method.

Questions Presented

1. Whether Wisconsin Statutes section 343.305(2), Wisconsin's implied-consent law, violates the unconstitutional conditions doctrine facially or as applied by imposing civil consequences for refusing a requested blood draw.
2. Whether section 343.305(2) violates the Fourth Amendment's least-intrusive-means principle by allowing the State to seek a blood sample rather than requiring less intrusive alternatives such as a warrant, breath test, or urine test.

Disposition

affirmed