2010AP863-CR State v. Galvan

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Motor Vehicles
OWI; implied consent

Javier Galvan appeals from a judgment of the circuit court convicting him of operating a motor vehicle while intoxicated. Galvan argues that the circuit court improperly denied his motion to suppress the blood test results obtained after his arrest. The issue on appeal is whether the arresting officer used reasonable means in conveying the implied consent warnings to Galvan. We hold that the officer did not use reasonable means in conveying the implied consent warnings to Galvan and therefore reverse and remand to the circuit court to determine whether the evidence is admissible as a search incident to a lawful arrest. This opinion will not be published.

2010AP863-CR State v. Galvan

Dist II, Kenosha County, Warren, J., Reilly, J.

Attorneys: For Appellant: Schiro, John S., Milwaukee; Llanas, Keith, Milwaukee; For Respondent: Ginkowski, Richard A., Kenosha; Zapf, Robert D., Kenosha; Weber, Gregory M., Madison

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