Opinion
Case No. 95-2978.
Opinion Released: February 14, 1996 Opinion Filed: February 14, 1996 This opinion will not be published. See RULE 809.23(1)(b)4, STATS.
APPEAL from a judgment of the circuit court for Winnebago County: WILLIAM E. CRANE, Judge. Affirmed.
Mike Valeri appeals from a civil judgment of forfeiture based upon his no contest plea to a charge of operating a motor vehicle while intoxicated pursuant to § 346.63(1)(a), STATS. Valeri contends that this prosecution was barred on double jeopardy grounds because his operator's license had previously been administratively suspended under the implied consent law based on the same event.
However, this court recently ruled in State v. McMaster , No. 95-1159-CR, slip op. at 6 (Wis.Ct.App. Nov. 8, 1995, ordered published Jan. 30, 1996), that the implied consent law is remedial, not punitive. Therefore, the court held that an OWI prosecution is not barred on double jeopardy grounds by a prior administrative suspension growing out of the same incident. See id . at 11.
McMaster governs this case. We affirm the judgment.
By the Court. — Judgment affirmed.