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02-0497 In the Matter of the Refusal of Karen M. Boedecker: State v. Boedecker

By: dmc-admin//December 3, 2002//

02-0497 In the Matter of the Refusal of Karen M. Boedecker: State v. Boedecker

By: dmc-admin//December 3, 2002//

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Karen Boedecker appeals the circuit court’s order revoking her operator’s license for one year under Wis. Stat. sec. 343.305(10) (1999-2000) on the ground that she refused to submit to a chemical test of her breath following her arrest for driving under the influence of an intoxicant in violation of Wis. Stat. sec. 346.63(1). Under sec. 343.305(2), any person operating a motor vehicle is deemed to have given consent to tests to determine the presence or quantity of alcohol in the person’s breath or blood when the person is arrested for a violation of sec. 346.63(1); license revocation is the penalty if a person refuses to submit to the tests after certain statutory conditions and procedures are complied with. Section 343.305(3)-(10). The only issue Boedecker raises on appeal is whether the implied consent statute, sec. 343.305, is unconstitutional. Boedecker contends it is because it forces an individual to choose between abandoning his or her Fourth Amendment protection against unreasonable searches and seizures and suffering the sanction of lost driving privileges.

The trial court concluded it was not unconstitutional, and we affirm.

This opinion will not be published.

Dist IV, Dane County, Flanagan, J., Vergeront, P.J.

Attorneys:

For Appellant: Ralph A. Kalal, Monona

For Respondent: Annemarie Leonardini Braun, Madison

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