Motor Vehicles – OWI — probable cause

By: WISCONSIN LAW JOURNAL STAFF//August 13, 2014//

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — probable cause

Kent W. Hubbard appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant or other drug as a second offense. Hubbard argues that the results of his nonconsensual and warrantless blood test should have been suppressed by the circuit court as police had neither probable cause to arrest him nor exigent circumstances to take his blood without a warrant. We affirm as police had probable cause to arrest, and exigent circumstances justified Hubbard’s blood draw based on a reasonable suspicion that he was operating his vehicle with a mixture of alcohol and controlled substances in his system. This opinion will not be published.

2014AP738-CR State v. Hubbard

Dist II, Walworth County, Carlson, J., Reilly, J.

Attorneys: For Appellant: Jurowski, Nathan Michael, South Milwaukee; For Respondent: Weber, Gregory M., Madison; Rea, Haley, Elkhorn

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