01-0702 City of Whitewater v. Wyczawski

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Jeffrey L. Wyczawski appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). Wyczawski argues that the results of his blood alcohol test should not have been admitted because (1) there was no evidence that his blood was withdrawn by a person authorized under Wis. Stat. Sec. 343.305(5)(b); and (2) there was insufficient evidence to establish a proper chain of custody for his blood sample. Wyczawski also argues that the judgment should be reversed because the trial court erroneously allowed the City of Whitewater’s expert witness to answer improper hypothetical questions. We agree that there is no evidence in the record that Wyczawski’s blood was drawn by a person authorized to do so under § 343.305(5)(b). W

e therefore reverse the judgment of conviction and remand for proceedings consistent with this opinion.

This opinion will not be published.

Dist II, Walworth County, Gibbs, J., Snyder, J.

Attorneys:

For Appellant: Rex Anderegg, Milwaukee

For Respondent: Wallace K. McDonell, Whitewater