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STATE v. DRIVER

No. State 54.

59 Wis.2d 35 (1973)

207 N.W.2d 850

STATE, Respondent, v. DRIVER, Appellant.

Supreme Court of Wisconsin.

Decided June 5, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Theodore W. Harris of Racine.

For the respondent the cause was submitted on the brief of Robert W. Warren, attorney general, and Robert D. Martinson, assistant attorney general.

Submitted under sec. (Rule) 251.54 May 3, 1973.

HEFFERNAN, J.

Defendant contends that the prosecution's use of a compelled breathalyzer test to obtain his conviction violated his privilege against self-incrimination, guaranteed by the fifth amendment to the United States Constitution.1 Both defendant and the state agree that resolution of this issue is governed by principles expressed in Schmerber v. California (1966), ...

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