OWI – Suppression of Evidence – Blood Test

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Dawn J. Levanduski

Case No.: 2019AP1144-CR

Officials: Neubauer, C.J., Gundrum and Davis, JJ.

Focus: OWI – Suppression of Evidence – Blood Test

The State appeals from an order of the circuit court suppressing evidence from a blood draw of Dawn Levanduski following her arrest for operating a motor vehicle while intoxicated (OWI), second offense. The court granted Levanduski’s suppression motion on the basis that her consent to the draw was not voluntary because the arresting officer, as part of reading the Informing the Accused form to her, informed her that if she refused to submit to the blood draw, “the fact that [she] refused testing can be used against [her] in court,” which information the court concluded and Levanduski insists was a misrepresentation of the law. Because we conclude that the Informing the Accused form, and hence the officer, did not misrepresent the law to Levanduski, we also conclude that her consent to the blood draw was voluntary. With that, we determine that the court erred in granting her suppression motion, and we reverse 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.