Court Says Free Exercise Challenge To Blood Alcohol Test Not Clearly Raised

In In re Refusal of Milewski, 2013 Wisc. App. LEXIS 996 (WI App., Nov. 27, 2013), a Wisconsin state appeals court rejected an appeal by Victoria Milewski, a Christian Scientist,whose drivers license was suspended after she refused to take a blood alcohol test. She told officers that her religion did not allow her to permit the intrusion of a needle into her body, but officers refused to give her a urine test instead. At trial, Milewski's counsel argued that Milewski had made a reasonable objection to the blood draw.  The appeals court said:

it appears that Milewski might have been ... attempting to present a First Amendment challenge to the implied consent law.... That is, Milewski might have meant to argue that the implied consent statutory scheme ... impermissibly burdens her right to practice her religion .... I express no opinion about the potential merits of such an argument, because it has not been clearly presented in this refusal proceeding, and certainly has not been supported by legal authority. Therefore, I have no reasonable alternative but to reject it.