County of Dane v. Winsand

¶ 1. Larry Winsand appeals a judgment of conviction for operating a motor vehicle while intoxicated (OWI) in violation of an ordinance adopting Wis. Stat. § 346.63(l)(a) (2001-02). He contends the trial court erred in denying his motion to exclude from evidence the results of the Intoximeter EC/IR test of his breath. He asserts the approval of the instrument by the chief of the chemical test section of the Department of Transportation (DOT) 2 involved standards that should have been, but were not, promulgated as an administrative rule under the rulemaking procedures established in Wis. Stat.…