STATE v. KRAJEWSKI

No. 99-3165-CR.

255 Wis.2d 98 (2002)

2002 WI 97

648 N.W.2d 385

STATE of Wisconsin, Plaintiff-Appellant, v. Jay D. KRAJEWSKI, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided July 10, 2002.


Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Christopher A. Mutschler and Anderegg & Mutschler, LLP, Fond du Lac, and oral argument by Rex Anderegg.

For the plaintiff-appellant the cause was argued by Jennifer E. Nashold, assistant attorney general, with whom on the brief was James E. Doyle, attorney general.


¶ 1. DAVID T. PROSSER, J.

The issue presented in this case is whether the state may require a warrantless blood draw for alcohol concentration testing from a person who is arrested on probable cause for operating a motor vehicle while under the influence of an intoxicant (OWI), when the person refuses to submit to a requested blood test under the implied consent statute but offers to submit to a breath test in lieu of a blood test.

¶ 2. The circuit...

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