2010AP2897-CR State v. Hechimovich

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Motor Vehicles
OWI; additional chemical tests

Following his conviction for operating while intoxicated, second offense, Joe Hechimovich appeals the circuit court’s order denying his motion to suppress the results of his blood alcohol test, on the grounds that police violated Wis. Stat. § 343.305(5)(a), and the judgment of conviction. Hechimovich contends that he was entitled to suppression of the results of the blood test because he was not given a breathalyzer test after the blood draw, even though he asked the arresting deputy for a breath test as an additional chemical test.

It is undisputed that (1) the deputy asked Hechimovich to tell the deputy after the blood draw at the hospital if Hechimovich still wanted to travel to the jail to submit to the breath test, (2) the deputy gave Hechimovich ample opportunity at the hospital, after the blood test, to make a renewed request for a breath test, and (3) Hechimovich did not make that renewed request. Under these circumstances, the deputy was entitled to conclude that Hechimovich had decided against the breath test by the time the blood draw was completed, and the deputy did not have an affirmative legal duty to question Hechimovich about his implied choice not to travel from the hospital to the jail for the additional test following his release. Accordingly, the circuit court is affirmed. This opinion will not be published.

2010AP2897-CR State v. Hechimovich

Dist IV, Dodge County, Pfitzinger, J., Blanchard, J.

Attorneys: For Appellant: Chirafisi, Corey C., Madison; For Respondent: Weber, Gregory M., Madison; Thompson, Gilbert G., Juneau

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