By: Derek Hawkins//July 26, 2017//
WI Court of Appeals – District II
Case Name: State of Wisconsin v. Patrick H. Dalton
Case No.: 2016AP2483-CR
Officials: Neubauer, C.J.
Focus: Court Error – Sentencing and Warrantless Evidence
Patrick H. Dalton appeals from a judgment of conviction entered following his plea of no contest to operating a motor vehicle while intoxicated, as a second offense, and operating a motor vehicle with a revoked driver’s license. He further appeals from an order, following an evidentiary hearing, denying his postconviction motion to vacate his plea based on trial counsel’s alleged ineffectiveness in failing to move to suppress the warrantless draw of his blood or, in the alternative, for resentencing because the circuit court punished him for exercising his constitutional right to refuse to consent to the withdrawal of his blood. We conclude that exigent circumstances existed that justified the warrantless draw of his blood, and the circuit court did not err in considering Dalton’s refusal to the blood draw as an aggravating factor in sentencing. We affirm.