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01-3367 State of Wisconsin v. Erickson

By: dmc-admin//January 20, 2003//

01-3367 State of Wisconsin v. Erickson

By: dmc-admin//January 20, 2003//

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Defendant appeals her convictions for homicide by intoxicated use of a vehicle and causing injury by intoxicated operation of a vehicle, arguing that her suppression motion should have been granted because her blood draw was invalid because (1) it was drawn without consent and without a warrant before she was arrested, and (2) police did not have probable cause to arrest her for a drunk-driving violation or crime.

After the truck defendant was driving struck a vehicle, killing one occupant and injuring another, the investigating police officer directed medical personnel to take a blood sample from Erickson without a warrant and without Erickson’s consent.

Where officers could reasonably conclude that defendant caused the 5 a.m. accident on her way home from an all-night drinking party, and where three medical technicians reported a “strong” odor of alcohol, officers had probable cause to believe that defendant’s blood contained evidence of drunk driving; they were justified in directing a warrantless nonconsensual blood draw, and we affirm denial of defendant’s motion to suppress the results of that draw.

Affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Moeser, J., Lundsten, J.

Attorneys:

For Appellant: Stephen J. Eisenberg, Madison

For Respondent: Paul W. Humphrey, Madison; Kathleen M. Ptacek, Madison

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