02-0700-CR State v. Rose

By: dmc-admin//November 25, 2002//

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Jon Rose appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OMVWI), second offense. Rose contends the circuit court erred in denying his motions to suppress evidence. He argues that Wisconsin’s Implied Consent Law, Wis. Stat. sec. 343.305, violates the Fourth Amendment to the United States Constitution and that the police may not analyze a blood sample seized from an intoxicated driver without obtaining a warrant.

We disagree and therefore affirm.

Not recommended for publication in the official reports.

Dist IV, La Crosse County, Gonzalez, J., Dykman, J.

Attorneys:

For Appellant: Ralph A. Kalal, Monona

For Respondent: Jessica Skemp, La Crosse

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