Relevant Evidence-Sobriety Tests

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Thomas W. Batterman

Case No.: 2022AP000181-CR

Officials: Gill, J.1

Focus: Relevant Evidence-Sobriety Tests

Thomas Batterman appeals a judgment of conviction, entered upon a jury’s verdict, for operating a motor vehicle with a prohibited alcohol concentration (PAC), as a second offense. Batterman argues that the circuit court erred by excluding evidence of his performance on two field sobriety tests. He asserts that this evidence was relevant to show that his blood alcohol concentration (BAC) did not, in fact, exceed the legal limit of .08. He also contends that the court’s exclusion of this evidence violated his constitutional right to present a defense.

Batterman forfeited his argument that the circuit court’s evidentiary ruling violated his constitutional right to present a defense by failing to raise that argument in the circuit court. Batterman does not cite any portion of the record showing that he raised this argument below, and the appeals court has not found anything in the record showing that he did so.

Affirmed.

Decided 11/28/23

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