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STATE v. THORSTAD

No. 99-1765-CR.

238 Wis.2d 666 (2000)

2000 WI App 199

618 N.W.2d 240

STATE of Wisconsin, Plaintiff-Appellant, v. John C. THORSTAD, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 17, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Jennifer E. Nashold, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Ralph A. Kalal of Kalal & Associates of Madison.

Before Dykman, P.J., Roggensack and Deininger, JJ.

¶ 1. DYKMAN, P.J.

The State appeals from an order granting John Thorstad's motion to suppress a warrantless blood test performed to obtain evidence of Thorstad's intoxication. The State contends that the blood test was admissible because Thorstad consented to the blood test, or in the alternative, because the blood test was justified under State v. Bohling, 173 Wis.2d 529, 494 N.W.2d 399

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