State v. McAllister

This case was certified to this court by the court of appeals; we accepted certification.

The issue is whether prior violations of sec. 346.63(1), Stats., 1 are elements of the crime of driving or operating a motor vehicle while under the influence of an intoxicant or a controlled substance, thereby requiring that the question of their existence be submitted to the jury. The trial court answered “no,” and we affirm.

Unquestionably, the state has the burden of proving each essential element of a crime charged beyond a reasonable doubt. In re Winship, 397 U.S. 358 (1970); Mullaney v. Wilbur, 421…