State v. Schmidt

NEUBAUER, EJ.

¶ 1. Thomas Schmidt appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) and operating with a prohibited alcohol content (FAC), both fourth offense, pursuant to Wis. Stat. § 346.63(l)(a) and (b) (2009-10).1 Schmidt contends that the trial court erred in requiring him to submit to the horizontal gaze nystagmus (HGN) test outside the presence of the jury but at the time of trial and in admitting the results of the test. Schmidt argues that the trial court's order violated his Fifth Amendment privilege against self-incrimination. We disagree.…