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Suppression of Evidence – Blood Test

WI Court of Appeals – District III

Case Name: State of Wisconsin v. Roman C. Ozimek

Case No.: 2021AP000452

Officials: Hruz, J.

Focus: Suppression of Evidence – Blood Test

Ozimek appeals an order revoking his privilege to operate a motor vehicle for one year based upon his refusal to submit to an evidentiary blood draw. Ozimek argues that the circuit court erroneously ignored certain evidence when determining whether the arresting law enforcement officer complied with WIS. STAT. § 343.305(4). He contends the court should have considered evidence that the officer misinformed Ozimek of his “constitutional right” to obtain his own chemical testing without having to first consent to the officer’s request for chemical testing. Ozimek argues that it does not matter that this alleged misinformation was provided after the officer had correctly read the information required in § 343.305(4), and Ozimek had refused the requested test. The court rejects Ozimek’s arguments mostly because he fails to respond to—and therefore concedes—the State’s arguments. Even if Ozimek had filed a reply brief, the court concludes that Ozimek has not established that law enforcement failed to comply with WIS. STAT. § 343.305(4).


Decided 11/22/22

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