OWI – Warrantless Search – Blood Test

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Donnie Gene Richards

Case No.: 2017AP43-CR

Officials: Fitzpatrick, P.J., Blanchard, and Graham, JJ.

Focus: OWI – Warrantless Search – Blood Test

Donnie Gene Richards was found by a sheriff’s deputy behind the wheel of a motor vehicle, severely injured, at the scene of an accident. The deputy determined that there was probable cause to believe that Richards had been operating the vehicle while under the influence of an intoxicant (OWI). See WIS. STAT. § 346.63(1)(a) (2011-12).  Because Richards, then unconscious, would shortly be taken by helicopter to a hospital approximately fifty miles away, the deputy decided that there would not be sufficient time to obtain a search warrant for a blood draw. Blood was drawn from Richards, at the deputy’s request, before Richards was placed in the helicopter.

Richards was charged in the Waushara County Circuit Court with OWI, 12th offense. Richards requested in the circuit court that the results of the blood test be suppressed on the ground that his constitutional rights were violated in that the blood draw was done without a search warrant. The circuit court denied Richards’ motion after an evidentiary hearing. The court determined that, because there were exigent circumstances, a search warrant was not required for the blood draw. Richards pleaded guilty to OWI 12th offense and was sentenced. On appeal, Richards challenges the circuit court’s denial of his suppression motion. Applying the factors set forth in Mitchell v. Wisconsin, 139 S. Ct. 2525 (2019), we affirm.

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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.