02-0048 County of Dane v. Oimoen

By: dmc-admin//July 22, 2002//

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Todd Oimoen appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, in violation of Wis. Stat. sec. 346.63(1)(a). Oimoen raises two issues regarding a blood draw that was conducted after his arrest: (1) that the warrantless blood draw was unconstitutional because the police could have obtained evidence through a less-invasive breath test; and (2) even if the blood draw was lawful, police required a warrant to analyze the blood because no exigent circumstances existed after the blood was seized. We are bound by published decisions of the court of appeals. See Cook v. Cook, 208 Wis. 2d 166, 189-90, 560 N.W.2d 246 (1997).

We therefore affirm the judgment of conviction.

Dist IV, Dane County, Chambeau, J., Dykman, J.

Attorneys:

For Appellant: Ralph A. Kalal, Monona

For Respondent: Joseph E. Mimier, Madison

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