Motor Vehicles – OWI — warrantless blood draws

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — warrantless blood draws

Victor Godard appeals the judgment of conviction for operating a motor vehicle while intoxicated (OWI) as a third offense in violation of Wis. Stat. § 346.63(1)(a). Godard argues that the circuit court erred in denying his motion to suppress the results of his blood test because: (1) the arresting officer provided Godard with inaccurate and erroneous information, which caused Godard to refuse to submit to the implied consent blood test, and which thereby “denied [him] his right to a second test of his choosing;” and (2) the warrantless blood draw violated his constitutional rights. I conclude that the circuit court did not err in denying Godard’s motion to suppress, because the officer did not provide inaccurate and erroneous information, and because the officer acted in good faith reliance on established Wisconsin Supreme Court precedent at the time the blood draw was obtained. Accordingly, I affirm the judgment. This opinion will not be published.

2014AP396-CR State v. Godard

Dist IV, Dodge County, Bauer, J., Kloppenburg, J.

Attorneys: For Appellant: Rosenberg, Michael D., Madison; For Respondent: Weber, Gregory M., Madison; Sempf, James T., Juneau