Motor Vehicles – OWI — probable cause — implied consent

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — probable cause — implied consent

Lawrence Levasseur appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, as a second offense. He makes two arguments on appeal. Levasseur first challenges the circuit court’s denial of his motion to suppress evidence obtained as a result of the arresting officer’s administration of a preliminary breath test (PBT) immediately preceding his arrest. Levasseur argues that the officer lacked “probable cause to believe” that Levasseur had been operating a vehicle while under the influence before requesting the PBT. Levasseur’s second contention is that the circuit court erred in denying his motion for an order determining that a test of a sample of his blood that was taken after the officer read to him from the Informing the Accused form lacks the presumption of admissibility and accuracy. The basis for this argument is that the form used by the officer was outdated, which Levasseur submits mattered because it lacked language required by statute to be read to all persons in Levasseur’s position. Affirmed. This opinion will not be published.

2013AP2369-CR State v. Levasseur

Dist IV, Wood County, Brazeau, J., Blanchard, P.J.

Attorneys: For Appellant: Holevoet, John, Madison; For Respondent: Weber, Gregory M., Madison; Lambert, Craig S., Wisconsin Rapids