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00-3558-CR State v. Burks

By: dmc-admin//June 18, 2001//

00-3558-CR State v. Burks

By: dmc-admin//June 18, 2001//

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Susan Burks appeals her judgment of conviction for operating while under the influence of an intoxicant, third offense, contrary to Wis. Stat. sec. 346.63(1)(a). Burks argues that the circuit court erred by denying her motion to suppress the results of a blood test when the blood was drawn without her consent as a search incident to an arrest and after she had refused the test. Burks contends that the implied consent statute creates procedural and substantive due process rights and supplies the exclusive remedy for a defendant’s refusal to submit to a chemical test to determine blood alcohol content. We disagree and affirm the conviction. This opinion will not be published.

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