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STATE v. MUEHLENBERG

No. 83-1598.

118 Wis.2d 502 (1984)

347 N.W.2d 914

STATE of Wisconsin, Plaintiff-Appellant, v. Robert F. MUEHLENBERG, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 27, 1984.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of Bronson C. La Follette, attorney general, and Jerome S. Schmidt, assistant attorney general.

For the defendant-respondent, the cause was submitted on the brief of Turner & Pogodzinski, S.C., of Milwaukee. John S. Schiro, of counsel.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

Section 346.63(1) (b), Stats., prohibits the operation of a motor vehicle if the driver has a blood alcohol concentration of .10% or more. The driver in this case, Robert F. Muehlenberg, claims that the statute is void for vagueness because it is not possible for a person to determine by his own senses whether his blood alcohol concentration is a "legal" .09% or an "illegal" .10%. The trial court, persuaded by Muehlenberg's

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