State v. Donner

Michael G. Donner appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant pursuant to § 346.63(l)(a), Stats. On appeal, Donner raises four issues: (1) evidence of his refusal to submit to a blood test was improperly received into evidence, (2) the State improperly commented on his refusal to submit to the blood test, (3) an expert witness for the State was not qualified to give an opinion that all persons with a .09% blood alcohol concentration (BAC) 2 are physically impaired to some degree, and (4) a police officer improperly testified…