01-1771-CR State v. Kahl

By: dmc-admin//December 17, 2001//

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Randy Kahl appeals from a judgment of conviction for operating a motor vehicle while intoxicated in violation of Wis. Stat. § 346.63(1)(a), second offense. Kahl challenges the denial of his motion to suppress the results of a chemical test of his blood.

Specifically, he contends that the police were required to obtain a search warrant before submitting his blood sample for testing. As part of this contention, he also contends that his consent to the blood test pursuant to the implied consent law is coercive and therefore unconstitutional.

We reject his arguments and affirm the judgment.

Dist III, Chippewa County, Sazama, J., Cane, C.J.

Attorneys:

For Appellant: Ralph A. Kalal, Madison

For Respondent: Roy La Barton Gay, Chippewa Falls; Timothy F. Scobie, Chippewa Falls

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