Unreasonable Search – Blood Test – Suppression of Evidence

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Charles L. Neevel

Case No.: 2021AP36-CR

Officials: FITZPATRICK, P.J.

Focus: Unreasonable Search – Blood Test – Suppression of Evidence

Charles Neevel was arrested on suspicion of operating a motor vehicle while intoxicated. The arresting officer read to Neevel the “Informing the Accused” form, as required by Wisconsin’s implied consent statute, WIS. STAT. § 343.305, and Neevel verbally consented to a blood draw. Based on the results of the blood draw, Neevel was charged with operating a vehicle while intoxicated in the Dodge County Circuit Court. Neevel pleaded not guilty and moved to suppress the results of the blood draw on the basis that the blood draw violated his Fourth Amendment rights. Specifically, Neevel argued that the blood draw was an unreasonable search because the arresting officer did not offer to Neevel a less intrusive form of chemical testing. The circuit court denied Neevel’s suppression motion. Neevel was convicted based on his no contest plea and appeals the court’s denial of his suppression motion. I affirm the circuit court’s judgment of conviction and denial of Neevel’s suppression motion.

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Derek A Hawkins is Corporate Counsel, at Salesforce.