COA: Good faith OKs blood draw whether or not implied consent statute constitutional

State v. Justin W. Paull, 2017AP1210, 8/15/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Mr. Paull was found bloody and semi-conscious after a motorcycle accident. He smelled of intoxicants and had slurred speech. Police arrested him, and he was taken to the hospital. An officer read the informing the accused form […] Source: WI Public Defenders – On Point COA: Good … Continue reading COA: Good faith OKs blood draw whether or not implied consent statute constitutional

SCOW: Driver can’t revoke consent to test of validly drawn blood sample

State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to a blood draw cannot prevent the testing of the blood sample for alcohol or drugs by […] Source: WI Public Defenders – On Point SCOW: Driver … Continue reading SCOW: Driver can’t revoke consent to test of validly drawn blood sample

Driver’s silence constituted refusal; subpoenaed urine test results were admissible

State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs) Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so the subsequent blood draw was unlawful. However, the state subpoenaed the results of his urine test, and that […] Source: WI Public Defenders – On Point Driver’s silence … Continue reading Driver’s silence constituted refusal; subpoenaed urine test results were admissible

OWI arrest automatically permits search of vehicle and all containers within it

State v. Mose B. Coffee, 2018AP1209-Cr, 4/24/19, District 2, (recommended for publication); case activity (including briefs) This published decision should make for an interesting petition for review. The court of appeals rejects a prior unpublished opinion, State v. Hinderman, to hold: ¶13 . . . [W]hen an officer lawfully arrests a driver for OWI, even […] Source: WI Public Defenders – On Point OWI arrest … Continue reading OWI arrest automatically permits search of vehicle and all containers within it