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STATE v. HENRY

No. 82-1230-CR.

111 Wis.2d 650 (1983)

332 N.W.2d 88

STATE of Wisconsin, Plaintiff-Appellant, v. John G. HENRY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 16, 1983.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the brief of Patrick C. Haughney, assistant district attorney, of Waukesha.

For the defendant-respondent the cause was submitted on the brief of Michael J. Gross of Hippenmeyer, Reilly, Arenz, Molter, Bode & Gross, S.C. of Waukesha.

Before Voss, P.J., Brown and Scott, JJ.

VOSS, P.J.

The State of Wisconsin appeals from an order of the trial court that suppressed John Henry's blood alcohol test results. The state had attempted to use these test results in order to prove that Henry had been operating a motor vehicle while intoxicated, contrary to sec. 346.63, Stats. (1979-80). The issue raised on appeal is whether the results of a blood alcohol test, taken in conformity with the implied consent...

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