2010AP1084-CR State v. Malinowski

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Motor Vehicles
OWI; warrantless blood draws

Travis Malinowski appeals a judgment convicting him of operating a motor vehicle while under the influence of a controlled substance (OWI), second offense. Malinowski argues the State violated the Fourth Amendment by drawing his blood without a warrant. He contends that, while State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), permits police to draw blood without a warrant from a person arrested for driving under the influence of alcohol, a warrant is required when police suspect the arrestee is under the influence of drugs.

We conclude, as a matter of first impression, that exigent circumstances permit a warrantless blood draw from a person arrested for operating while under the influence of a controlled substance. We therefore affirm. This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.

2010AP1084-CR State v. Malinowski

Dist III, Marathon County, Howard, J., Peterson, J.

Attorneys: For Appellant: Lanning, Chad A., West Bend; For Respondent: Heimerman, Kenneth J., Wausau; Weber, Gregory M., Madison; Brubacher, Sidney, Wausau

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