On Point: c. Implied Consent

State v. Mitchell A. Lange, 2009 WI 49, reversing unpublished opinion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 a warrantless blood sample taken at the direction of a law enforcement officer is consistent with the Fourth Amendment under the following circumstances: “(1) the blood draw is taken to obtain evidence of intoxication from a person lawfully arrested for a drunk-driving related violation or crime,

State v. James A. Schmidt, 2004 WI App 235
For Schmidt: Daniel S. Diehn

Issue: Whether § 343.305(5)(a) requires that the driver request an additional test after the police have administered the primary test and, if not, whether Schmidt’s pre-blood draw request for a breathalyzer was properly rejected.
Holding:

¶11. Although Wis. Stat. § 343.305(4) and (5) use the term “alternative test,”

State v. Jay D. Krajewski, 2002 WI 97, affirming unpublished decision of court of appeals
For Krawjewski: Christopher A. Mutschler

Issue/Holding:

¶3. … (A) warrantless nonconsensual blood draw from a person arrested on probable cause for a drunk driving offense is constitutional based on the exigent circumstances exception to the warrant requirement of the Fourth Amendment, even if the person offers to submit to a chemical test other than the blood test chosen by law enforcement,

State v. John C. Thorstad, 2000 WI App 199, 238 Wis. 2d 666, 618 N.W.2d 240
For Thorstad: Ralph A. Kalal

Issue: Whether the warrantless blood draw complied with State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993).

Holding: The four-part Bohling test — lawful arrest; reasonable suspicion that draw will show intoxication; method of drawing blood reasonable; no reasonable objection by arrestee to blood draw —