OWI – Blood Draw – Suppression of Evidence

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Criminal

WI Court of Appeals – District IV

Officials: SHERMAN, J.

OWI – Blood Draw – Suppression of Evidence

2015AP656-CR State of Wisconsin v. Patrick K. Kozel

Patrick K. Kozel appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), second offense. Kozel contends the circuit court erred when it denied his motion to suppress the blood draw evidence. He argues that the blood draw evidence was inadmissible because the State failed to prove that the blood draw was conducted by a “person acting under the direction of a physician,” as required by WIS. STAT. § 343.305(5)(b), and because the method and manner of the blood draw were not constitutionally reasonable. I agree with Kozel that the evidence presented at the suppression hearing failed to establish that Kozel’s blood draw was conducted by a “person acting under the direction of a physician.” Accordingly, I reverse the judgment of conviction and remand for the circuit court to suppress the blood draw.

Reversed and Remanded

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