Challenge to blood test quickly disposed of

State v. Lonnie P. Ayotte, Jr., 2018AP839-CR, 7/25/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs) Like Jessica Randall, Ayotte consented to a blood draw after his OWI arrest but then asserted his right to privacy in his blood and told authorities they couldn’t test his blood for alcohol without a warrant. […] Source: WI Public Defenders – On Point Challenge to … Continue reading Challenge to blood test quickly disposed of

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State v. Jessica M. Randall, 2019 WI 80, 7/2/19, reversing an unpublished court of appeals decision; case activity (including briefs) A majority of the supreme court holds that a person who has been arrested for OWI and consented to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State v. Gerald J. Vanderhoef, 2016AP2052-CR, District 1, 4/30/19 (not recommended for publication); case activity (including briefs) Vanderhoef’s silence in response to the “Informing the Accused” form constituted a refusal to consent to a chemical test, so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

Can a person withdraw consent to test their blood after it’s been drawn? SCOW will decide.

State v. Jessica M. Randall, 2017AP1518, petition for review of unpublished opinion granted 10/9/18; case activity Issue: Was Randall entitled to suppression of the results of a test of a blood sample that she voluntarily gave to police under the implied consent law because she informed the lab that she was withdrawing her consent before […] Source: WI Public Defenders – On Point Can a … Continue reading Can a person withdraw consent to test their blood after it’s been drawn? SCOW will decide.