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STATE v. PAWLOW

No. 80-114.

98 Wis.2d 703 (1980)

298 N.W.2d 220

STATE of Wisconsin, Plaintiff-Respondent, v. Zdzislaw PAWLOW, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 15, 1980.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Gregory J. Rogaczewski of Milwaukee.

For the plaintiff-respondent the cause was submitted on the brief of Michael E. McCann, district attorney, with whom on the brief was Christopher Foley, assistant district attorney.

Before Decker, C.J., Moser, P.J., and Cannon, J.

DECKER, C.J.

On October 24, 1979, appellant Zdzislaw Pawlow was arrested at 11:20 p.m. by Milwaukee police for driving while intoxicated, and was conveyed to a district station. Pawlow was advised of Wisconsin's implied consent statute, sec. 343.305, Stats., and requested to take a breathalyzer test. He consented to giving a breath sample. As the breathalyzer was being prepared for the test, Pawlow fell asleep. He was awakened

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