02-1654 State v. Tangye

By: dmc-admin//January 27, 2003//

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Jerrold N. Tangye appeals his conviction for operating a motor vehicle while intoxicated (OMVWI). Tangye argues that Wis. Stat. sec. 343.305(2), Wisconsin’s “implied consent” law, is unconstitutional because it coerces consent to a chemical “search” for intoxicants of blood drawn pursuant to an arrest for drunk driving. We conclude that any pressure employed by sec. 343.305(2) to obtain consent is reasonable and does not violate Fourth Amendment protections.

Accordingly, we affirm the circuit court’s judgment of conviction.

This opinion will not be published.

Dist IV, Green County, Beer, J., Roggensack, J.

Attorneys:

For Appellant: Ralph A. Kalal, Monona

For Respondent: Jeffrey D. Kohl, Monroe

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