State v. Drexler

544 N.W.2d 903, 199 Wis. 2d 128, 1995 Wisc. App. LEXIS 1665
CourtCourt of Appeals of Wisconsin
DecidedDecember 6, 1995
DocketNo. 95-0870
StatusPublished
Cited by1 cases

This text of 544 N.W.2d 903 (State v. Drexler) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Drexler, 544 N.W.2d 903, 199 Wis. 2d 128, 1995 Wisc. App. LEXIS 1665 (Wis. Ct. App. 1995).

Opinion

ANDERSON, P.J.

Christopher J. Drexler's due process rights were not violated when he was informed that his operating privileges would be immediately suspended if the result of any test indicated a prohibited alcohol concentration. Because a blood test was administered as the primary test, his operating privi[132]*132leges were not immediately suspended and the statutory protections and admonitions neither misled him nor denied him due process. We conclude that under the totality of the circumstances, the arresting officer had sufficient justification to stop Drexler for operating a motor vehicle while under the influence of an intoxicant. Finally, Drexler had constitutional notice of the charges against him and was able to mount a solid defense against the charges. Therefore, we affirm.

Traffic Stop

Drexler's first issue on appeal challenges the lack of objective factors establishing reasonable suspicion for the stop of his vehicle. The facts needed to understand this issue start in the early hours of January 15, 1995, when Officer Joseph Framke of the City of Oshkosh Police Department was dispatched to assist another officer investigating a disturbance. After arriving at the scene of the disturbance, Framke took Drexler aside to interview him about his version of the events. Initially, Drexler was evasive and did not want to talk to Framke. Finally Drexler started to tell the officer that he had an argument with his girlfriend. During the course of his narrative, Drexler began to get upset and evidenced mood swings. There came a point during the narrative that Drexler became so worked up that he could not talk. During the thirty-minute interview, Framke became concerned for his own safety "because defendant had all the indicators that [he] may be becoming assaultive combined with a strong odor of intoxicants coming from his breath at that time."

Based on his training and experience, Framke concluded that Drexler was intoxicated and he told Drexler not to drive. Before leaving the scene of the [133]*133disturbance, Framke and another officer helped Drex-ler push his car off the street into a parking lot. Approximately two hours later, Framke was concluding a traffic stop when he saw Drexler driving his car., Framke pursued Drexler and stopped him, believing that Drexler was operating the motor vehicle while intoxicated.

The trial court denied Drexler's motion to suppress any evidence obtained as a result of what he portrayed as an unlawful stop and detention. On appeal, Drexler insists that under the rationale of State v. Seibel, 163 Wis. 2d 164, 471 N.W.2d 226, cert. denied, 502 U.S. 986 (1991), there were insufficient objective indicia of intoxication to give rise to a reasonable suspicion that his driving was impaired by alcohol.

Whether a stop meets statutory and constitutional standards is a question of law subject to de novo review. State v. Krier, 165 Wis. 2d 673, 676, 478 N.W.2d 63, 65 (Ct. App. 1991). A police officer may detain a person in appropriate circumstances for purposes of investigating possible criminal behavior even though there is no probable cause to make an arrest. State v. Jackson, 147 Wis. 2d 824, 829, 434 N.W.2d 386, 389 (1989). The essential question is whether the action of the law enforcement officer was reasonable under all the facts and circumstances present. Id. at 831, 434 N.W.2d at 389. "The question of what constitutes reasonable suspicion is a common sense test. Under all the facts and circumstances present, what would a reasonable police officer reasonably suspect in light of his or her training and experience?" Id. at 834, 434 N.W.2d at 390.

Drexler's reliance on Seibel is misplaced. The defendant in Seibel had been legally arrested for a [134]*134crime — negligent homicide — that did not involve intoxication. See Seibel, 163 Wis. 2d at 168, 471 N.W.2d at 228. Further, the issue in that case was not whether there was reasonable suspicion to stop for an intoxication-related offense, but only "whether the standard for drawing a blood sample in a search incident to an arrest is 'reasonable suspicion' or 'probable cause' that the defendant's blood contains evidence of a crime." See id. at 166, 471 N.W.2d at 227. In short, the issue in Seibel had to do with the legality of a search, not whether there was reasonable suspicion to stop.

Here, the record reveals that: (1) Drexler was evasive and uncooperative when first questioned by Framke, (2) Drexler became emotionally worked up and evidenced mood swings when he started to relate his story of what happened, (3) Drexler stopped talking to the officer, (4) Framke detected a strong odor of intoxicants and (5) Framke became concerned for his own safety because Drexler had all the indicators of someone who could become assaultive. Having gathered all of this information after a thirty-minute conversation, and based on his training and experience, the officer decided that Drexler was under the influence and suggested that Drexler not drive a vehicle anymore that day. The officer even helped push the car off of the street and into the parking lot. Then two hours later, the officer saw Drexler driving the car.

Giving due deference to the facts and the reasonable inferences drawn by Framke in the light of his training and experience, we believe that the totality of the circumstances would lead a reasonable police officer to believe that Drexler was operating a vehicle while under the influence of an intoxicant.

[135]*135Information Regarding Second Test

Drexler's second issue focuses on his claim that he was not provided with sufficient information to make a meaningful decision regarding his right to an alternate test. The facts relating to this issue emanate from the events after Drexler failed the three field sobriety tests that were administered and Framke placed him under arrest for operating a motor vehicle while intoxicated.

Although the officer planned to take Drexler to the station house to administer the Intoxilyzer 5000 Test, Drexler asked to be taken to the hospital because he was afraid he was going to harm himself. At the hospital Drexler was handcuffed to a gurney after banging his head against the wall. Drexler was read the Informing the Accused form and consented to an evidentiary sample of his blood. After the blood draw was completed, the officer started the paper work associated with the Notice of Intent to Suspend and Administrative Review Request forms; however, he did not complete this paperwork until he received the results of the blood sample on January 23, 1995. The officer then delivered the second citation and the Notice of Intent to Suspend and Administrative Review Request forms to Drexler.

Drexler filed a motion to suppress the results of the blood draw contending that paragraph 4 of the Informing the Accused form affirmatively misstated the provisions of the Implied Consent Law. See § 343.305(8)(b)2.d, STATS. This subparagraph states that a person's operating privileges may be administratively suspended only if each of the test results indicate a blood alcohol concentration of 0.10 or more.1 He argued that Village of Oregon v. Bryant, 188 Wis. 2d

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Related

County of Dane v. Granum
551 N.W.2d 859 (Court of Appeals of Wisconsin, 1996)

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Bluebook (online)
544 N.W.2d 903, 199 Wis. 2d 128, 1995 Wisc. App. LEXIS 1665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-drexler-wisctapp-1995.