Motor Vehicles – OWI — blood tests

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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 This opinion will not be published.

2011AP190-CR State v. Perzel

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