On Point: c. Implied Consent

State v. Victor J. Godard, 2014AP396-CR, District 4, 8/28/14 (1-judge; ineligible for publication); case activity

The arresting officer provided Godard with accurate information about the implied consent law and thus did not cause Godard to refuse to submit to the implied consent blood test or deny him his right to a second test.

State v. Lawrence A. Levasseur, Jr., 2013AP2369-CR, District 4, 2/6/14; court of appeals decision (1-judge; ineligible for publication); case activity The arresting officer used an implied consent form that pre-dated the 2009 amendments to § 343.305, so it omitted language about accidents involving death or serious injury–language that did not apply to Levasseur’s situation. The use […]

Town of Mukwonago v. John J. Uttke, 2011AP2021, District 2, 1/18/12 court of appeals decision (1-judge, not for publication); for Uttke: Michael C. Witt; case activity Uttke’s driver’s license was revoked for refusal to submit to a blood test upon OWI arrest, and he requested a “refusal hearing,” unsuccessfully challenging the existence of probable cause […]

State v. Luke T. Nirmaier, 2011AP1355-CR, District 3, 12/28/11 court of appeals decision (1-judge, not for publication); for Nirmaier: Michael M. Rajek; case activity The odor of alcohol on Nirmaier following a traffic accident resulting in substantial bodily injury triggered the implied consent law, notwithstanding absence of probable cause to arrest at that point: ¶9        Wisconsin Stat. § 343.305(3) […]

City of Sun Prairie v. Michael H. Smith, 2010AP2607, District 4, 5/26/11 court of appeals decision (1-judge, not for publication); for Smith: Tracey A. Wood; case activity ¶9        Wisconsin Stat. § 343.305(5)(a) imposes the following obligations on law enforcement: “(1) to provide a primary test at no charge to the suspect; (2) to use reasonable diligence in offering and […]

State v. Joe R. Hechimovich, 2010AP2897-CR, District 4, 4/7/11 court of appeals decision (1-judge, not for publication); for Hechimovich: Corey C. Chirafisi; case activity Compliance with implied consent law found. Although Hechimovich initially requested a breath test, after his blood was drawn at the hospital, the deputy “gave ample opportunity” during a 10-minute period for Hechimovich to renew […]

court of appeals decision (recommended for publication); for Batt: Chad A. Lanning; BiC; Resp.; Reply OWI – Implied Consent Law – § 343.305(5)(a) Testing Construing State v. Stary, 187 Wis. 2d 266, 522 N.W.2d 32 (Ct. App. 1994), the court concludes that the Implied Consent law affords the driver the right to choose testing administered by […]

State v. Javier Galvin, 2010AP863-CR, District 2, 10/6/10 court of appeals decision (1-judge, not for publication); for Galvin: John S. Schiro, Keith Llanas; BiC; Resp. Galvan, who had minimal ability to understand English, didn’t understand the implied consent warnings given to him in English. Because the arresting officer knew of Galvan’s limitation, and had indeed […]

court of appeals decision (1-judge, not for publication); for Sporle: Robert J. Jackson; BiC; Resp.; Reply Implied Consent Procedure, § 343.305(2) ¶12 The officer complied with her obligations to provide the “Informing the Accused” information and to make an alternative test available. The officer informed Sporle that, if he took the requested test, he could have […]

State v. Mitchell A. Lange, 2009 WI 49, reversing unpublished opinion For Lange: Steven M. Cohen Issue/Holding: ¶2       We are asked to determine whether a law enforcement officer complied with the Fourth Amendment to the United States Constitution when obtaining a blood sample from the defendant without a warrant to do so. Our prior cases establish that […]