Motor Vehicles – OWI — preliminary breath tests

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI —  preliminary breath tests

Duane A. Wetzel appeals from a judgment of conviction for operating a vehicle while under the influence of an intoxicant as a fifth or sixth offense. Wetzel contends that the circuit court erred in denying his motion to suppress the result of a preliminary breath test that had been administered pursuant to a jail’s booking procedure, and the field sobriety test results obtained after the preliminary breath test’s administration. Because the circuit court did not admit the preliminary breath test result, and because the field sobriety test results, which Wetzel concedes sufficed to establish probable cause for his operating-while-intoxicated arrest, were properly administered without considering the preliminary breath test result, we affirm. This opinion will not be published.

2011AP2948-CR State v. Wetzel

Dist IV, Marquette County, Wright, J., Per Curiam

Attorneys: For Appellant: Wood, Tracey A., Madison; For Respondent: Kassel, Jeffrey J., Madison; Hendee, Chad A., Montello