01-2561-CR State v. Skenandore

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Douglas G. Skenandore appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), third offense, pursuant to Wis. Stat. secs. 346.63(1)(a) and 346.65(2)(c). On appeal, Skenandore argues that the trial court erred in denying a pretrial motion to suppress the results of a blood test performed on him following his arrest. The motion alleged that the officer lacked probable cause to arrest Skenandore for operating a motor vehicle while under the influence of an intoxicant and therefore the draw of Skenandore’s blood was illegal. We conclude, based on the totality of the circumstances, that probable cause existed to support an arrest, and the trial court properly denied Skenandore’s motion to suppress the results of the blood test.

We therefore affirm the judgment.

This opinion will not be published.

Dist II, Ozaukee County, McCormack, J., Anderson, J.

Attorneys:

For Appellant: John S. Shapiro, Milwaukee

For Respondent: Jeffrey A. Sisley, Port Washington; Sandy A. Williams, Port Washington