Motor Vehicles – OWI — involuntary intoxication

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — involuntary intoxication

Penny A. Deppiesse appeals from a judgment of conviction entered after a jury found her guilty of operating while under the influence of a controlled substance (OWI), as a fourth offense within five years, and misdemeanor bail jumping. Deppiesse argues that the trial court erred by precluding her from raising a statutory intoxication defense and in improperly instructing the jury on the elements of OWI by referring to the various controlled substances in her system in both the conjunctive and the disjunctive.

We conclude that the trial court properly denied Deppiesse’s request for an intoxication defense instruction and that Deppiesse has forfeited appellate review of the allegedly erroneous OWI jury instruction. This opinion will not be published.

2013AP997-CR State v. Deppiesse

Dist II, Ozaukee County, Williams, J., Per Curiam

Attorneys: For Appellant: Bates, Gregory, Kenosha; For Respondent: Wellman, Sally L., Madison; Gerol, Adam Y., Port Washington