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STATE v. BOHLING

No. 91-0811-CR.

173 Wis.2d 529 (1993)

494 N.W.2d 399

STATE of Wisconsin, Plaintiff-Appellant-Petitioner, v. David J. BOHLING, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided January 26, 1993.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner the cause was argued by James M. Freimuth, assistant attorney general with whom on the briefs was James E. Doyle, attorney general.

For the defendant-respondent there was a brief and oral argument by Keith A. Findley, assistant state public defender.

STEINMETZ, J.

The issue in this case is whether the fact that the percentage of alcohol in a person's blood stream rapidly diminishes after drinking stops alone constitutes a sufficient exigency under the Fourth Amendment to the United States Constitution and Article I Section 11 of the Wisconsin Constitution, to justify a warrantless blood draw under the following circumstances: (1) the blood draw is taken at the direction of a law enforcement officer from a person...

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