Motor Vehicles – OWI

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — probable cause

Kari Schiewe appeals a judgment of the circuit court finding her guilty of operating a motor vehicle while under the influence of an intoxicant, as a third offense. Schiewe argues that the circuit court erred when it denied her motion to suppress evidence of intoxication. Schiewe contends that the arresting officer lacked the probable cause required to arrest her for violating Wis. Stat. § 346.63(1)(a). Schiewe also contends that, since she was unlawfully arrested, the circuit court erred by failing to suppress the results of her blood test. I conclude that there was probable cause to arrest Schiewe, and that the circuit court did not err by refusing to suppress the results of her blood test. I therefore affirm the judgment. This opinion will not be published.

2012AP2767-CR State v. Schiewe

Dist IV, Jefferson County, Erwin, J., Lundsten, J.

Attorneys: For Appellant: Wood, Tracey A., Madison; For Respondent: Weber, Gregory M., Madison; Shock, Jeffrey M., Jefferson