Statutory Interpretation

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Blake Lee Harrison

Case No.: 2017AP1811

Officials: STARK, P.J.

Focus: Statutory Interpretation

Blake Lee Harrison was cited for operating a motor vehicle with a detectable amount of a restricted controlled substance in his blood, contrary to WIS. STAT. § 346.63(1)(am). Harrison filed a motion asserting that § 346.63(1)(am) is unconstitutional because it does not require the State to prove either impairment or intent. The circuit court agreed that § 346.63(1)(am) is unconstitutional, and it therefore dismissed the citation.

The State now appeals, arguing the circuit court’s decision is inconsistent with State v. Luedtke, 2015 WI 42, 362 Wis. 2d 1, 863 N.W.2d 592, and State v. Smet, 2005 WI App 263, 288 Wis. 2d 525, 709 N.W.2d 474. We agree. Those cases expressly held that WIS. STAT. § 346.63(1)(am) is constitutional even though the State is not required to prove impairment or intent. We also reject Harrison’s argument—raised for the first time on appeal—that § 346.63(1)(am) is unconstitutionally vague. Accordingly, we reverse the order dismissing Harrison’s citation and remand for further proceedings.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.