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STATE v. SCHMIDT

No. 04-0904-CR.

277 Wis.2d 561 (2004)

2004 WI App 235

691 N.W.2d 379

STATE of Wisconsin, Plaintiff-Respondent, v. James A. SCHMIDT, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 11, 2004.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Daniel S. Diehn of Daniel S. Diehn, S.C., Black River Falls.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Shannon Wittenberger, asst. attorney general, and Peggy A. Lautenschlager, attorney general.

Before Dykman, Vergeront and Higginbotham, JJ.

¶ 1. VERGERONT, J.

James Schmidt appeals the judgment of conviction for operating a motor vehicle while intoxicated (OWI), fifth offense, in violation of WIS. STAT. §§ 346.63(1)(a) and 346.65(g).1 He challenges the circuit court's order denying his motion to suppress the results of a blood test for alcohol, contending he was entitled to suppression because he was not given a breathalyzer...

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