State v. Schmidt

¶ 1. James Schmidt appeals the judgment of conviction for operating a motor vehicle while intoxicated (OWI), fifth offense, in violation of Wis. Stat. §§ 346.63(l)(a) and 346.65(g). 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 test after the blood test as required by Wis. Stat. § 343.305(5)(a).

¶ 2. We agree with Schmidt that an accused's request for an additional chemical test under Wis. Stat. § 343.305(5)(a) is not invalid solely because that…