By: WISCONSIN LAW JOURNAL STAFF//December 1, 2011//
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — blood tests
Michael Perzel, III, appeals a judgment convicting him of driving while having a prohibited alcohol concentration, contrary to Wis. Stat. § 346.63(1)(b) (2005-06), as a third offense. He also appeals the order denying his postconviction motion. After a police officer obtained evidence of Perzel’s intoxication, the officer arrested Perzel and transported him to a hospital for a blood draw. It is undisputed that, at the hospital, a “nurse” took Perzel’s blood sample. At trial, the State introduced the test results of that blood sample as evidence of Perzel’s blood alcohol level. The State did so pursuant to a statute allowing the test to be admitted without having to call an expert to testify that the results reflected Perzel’s alcohol levels while driving. As pertinent here, that statute, Wis. Stat. § 343.305(5)(d), states that “the results of a test administered in accordance with this section are admissible” for purposes of proving the defendant’s blood alcohol level (emphasis added). See id. (cross-referencing Wis. Stat. § 885.235, which provides, in part, that such tests, without requiring expert
testimony, may be used as prima facie evidence of alcohol concentration at the time in question, see § 885.235(1g)). This opinion will not be published.
Dist IV, Monroe County, McAlpine, Goodman, JJ., Lundsten, P.J.
Attorneys: For Appellant: Fincke, Waring R., West Bend; For Respondent: Weber, Gregory M., Madison; Rindal, Peter J., Sparta