This article explains that a person can still be arrested for OWI (Operating While Intoxicated) even if they are taken to the hospital after an accident or medical emergency. Some people think that going to the hospital might protect them from arrest, but the article makes it clear that this is not true. Police can continue their investigation at the hospital, and in many cases, the hospital is where the most important evidence is collected.

The process usually begins when police respond to a crash or when someone is found unconscious or acting impaired behind the wheel. 

If officers notice signs such as

1.  the smell of alcohol, 
2. slurred speech, 
3. bloodshot eyes, or 
4. if witnesses say the person was driving, this gives probable cause to continue the investigation. 

Under Wisconsin’s implied consent law, simply driving on public roads counts as giving consent to chemical tests such as blood draws. 

This same type of law exists in all 50 states.

The article also explains that hospitals often draw blood for medical treatment, not for police. However, with a search warrant, law enforcement can request those medical blood test results and use them as evidence in court. This is important because hospital blood tests are usually very accurate and can show a person’s blood alcohol concentration at the time of the incident.

In some situations, the police may even arrest someone while they are still in the hospital bed. Officers may wait until medical staff say the person is stable before transporting them to jail. If the person refuses a chemical test, the law can still punish them. 

Refusal can result in automatic license suspension and additional penalties, even if they are not found guilty of OWI later.

The article also mentions legal challenges. The U.S. Supreme Court ruled in Mitchell v. Wisconsin (2019) that unconscious drivers may be subject to blood draws without a warrant in emergency situations. However, courts still continue to review how consent is handled, especially to make sure police are not forcing or misleading people.

Overall, the key point is that going to the hospital does not prevent OWI charges. In fact, the hospital may make the case stronger because blood tests and observations are recorded clearly. This article serves as a reminder of the serious legal and personal consequences of driving while intoxicated.

Busted in the ER: Drivers Are Being Arrested for OWI Right from Their Hospital Beds

4 days ago

Yes — you can absolutely be arrested for OWI (Operating While Intoxicated) even if you’re in a hospital. Here’s how it typically plays out:

AI was utilized for research, writing, citation management, and editing.
The author has no affiliation with any companies mentioned.

🚨 How Hospital OWI Arrests Work

🚑 Police Respond to an Accident or Medical Call

If you were in a crash or found slumped over behind the wheel, officers may follow you to the hospital. Wisconsin law — like most states — allows OWI investigations to continue even during medical treatment.

🕵️ Probable Cause Comes First

Officers must have probable cause — such as the odor of alcohol, slurred speech, or witness reports that you were driving.

Under Wisconsin’s Implied Consent Law (Wis. Stat. § 343.305), by driving on state roads, you’ve already consented to a chemical test.

Police can request a blood draw even while you’re hospitalized.

If you’re unconscious, the law presumes consent in most cases — though this was limited by the Wisconsin Supreme Court in State v. Prado (2021), which ruled the incapacitated driver provision unconstitutional.

All 50 states have some form of implied consent law.

🧪 Medical Blood Draws Can Be Used as Evidence

Hospitals often draw blood for medical reasons, not law enforcement. However, with a warrant, police can obtain those lab results and use them in court.

🛏️ Formal Arrest Can Happen at the Hospital

If officers have probable cause, they can arrest you bedside — even while you’re in a hospital gown or connected to IVs. They’ll often wait until medical staff clear you for discharge before transporting you to jail.

🚫 Refusal = Separate Penalty

Refusing a chemical test in Wisconsin triggers automatic license suspension and can result in enhanced penalties, even if you’re not convicted of OWI.

⚖️ Constitutional Challenges

• The U.S. Supreme Court upheld Wisconsin’s law in Mitchell v. Wisconsin (2019), ruling that unconscious drivers may be subject to blood draws without a warrant under the exigent circumstances exception.
• However, courts continue to scrutinize how consent is obtained — especially in cases involving coercion or misleading statements by officers.

🧾 Key Takeaway

You can’t “avoid” an OWI arrest by ending up in the ER. In fact, the hospital is often where evidence is gathered — through blood alcohol tests and police interviews.