State v. MitchellAnnotate this Case
Defendant voluntarily consented to a blood draw by his conduct of driving on Wisconsin’s roads and drinking to a point evidencing probable cause of intoxication and forfeited the statutory opportunity under Wis. Stat. 343.305(4) to withdraw his consent previously given by drinking to the point of unconsciousness.
Defendant was convicted of operating while intoxicated and with a prohibited alcohol concentration. The conviction was based on the test of Defendant's blood that was drawn without a warrant while he was unconscious, pursuant to Wis. Stat. 343.305(3)(b). Defendant moved to suppress the results of the blood test, asserting that the warrantless blood draw violated his rights under the Fourth Amendment. The circuit court denied the suppression motion in reliance on section 343.305(3)(b). The Supreme Court affirmed, holding that section 343.305(3)(b) applied, which, under the totality of the circumstances, reasonably permitted drawing Defendant’s blood.