Motor Vehicles — implied consent

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Wisconsin Court of Appeals

Criminal

Motor Vehicles — implied consent

William Hartman appeals the circuit court’s judgment revoking his operating privileges for one year on the ground that he refused to submit to a chemical test of his blood after being placed under arrest for operating a vehicle while intoxicated in violation of Wis. Stat. § 346.63(1)(a). Hartman contends that he had the right to refuse to submit to the chemical test because the deputy sheriff who questioned him did not have a reasonable suspicion that he was involved in criminal activity and therefore unlawfully placed him under arrest.

We do not reach the issue of reasonable suspicion because we conclude the deputy did not “seize” Hartman within the meaning of the Fourth Amendment. Rather, we conclude that the deputy engaged in a consensual encounter with Hartman from which a reasonable person in Hartman’s position would have felt free to leave and terminate the encounter. Accordingly, we conclude that Hartman was lawfully placed under arrest and therefore his operating privileges were properly revoked. We affirm. This opinion will not be published.

2011AP622 In the matter of the refusal of William R. Hartman

Dist IV, Wood County, Wolf, J., Higginbotham, J.

Attorneys: For Appellant: Wood, Tracey A., Madison; For Respondent: Poth, Angela B., Wisconsin Rapids; Cheesman, Lillian B., West Bend; Schroeder, Sara Nicole Volden, Milwaukee