Motor Vehicles; OWI; warrantless blood draws

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Motor Vehicles
OWI; warrantless blood draws

James Ralph Whitwell appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, eighth offense, in violation of WIS. STAT. § 346.63(1)(b) (2009-10), and an order denying his motion for postconviction relief. Whitwell contends the warrantless blood draw violated his constitutional right to be free from unreasonable searches, and he challenges the circuit court’s ruling on two independent grounds. First, he asserts, the circuit court’s factual finding that he did not present a medical basis for his objection at the time of the blood draw is clearly erroneous. Second, he asserts, even if the circuit court correctly found he did not state a medical basis for his objection at the time of the blood draw, his objection was nevertheless objectively reasonable because he demonstrated at the suppression hearing that he did have a medical basis for his objection.

We disagree with Whitwell on both points. We conclude that the circuit court’s factual finding on what Whitwell said at the time of the draw is not clearly erroneous. We also conclude that his objection was not objectively reasonable because he did not provide a medical basis for his condition at the time of the blood draw. Accordingly, we affirm. Not recommended for publication in the official reports.

2011AP1342-CR State v. Whitwell

Dist. III, Douglas County, Glonek, J., Vergeront, J.

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