State v. Maher

Full title: STATE OF WISCONSIN, PLAINTIFF-RESPONDENT, v. CURTIS J. MAHER…

Court: Court of Appeals of Wisconsin

Date published: Jun 13, 1996

Case No. 95-3375 (Wis. Ct. App. Jun. 13, 1996)

Opinion

Case No. 95-3375.

Opinion Released: June 13, 1996 Opinion Filed: June 13, 1996 This opinion will not be published. See RULE 809.23(1)(b)4, STATS.

APPEAL from a judgment of the circuit court for Dane County: RICHARD J. CALLAWAY, Judge. Affirmed.

EICH, C.J.[fn1] [fn1] This appeal is decided by one judge pursuant to §752.31(2)(c), STATS.

Curtis Maher, appealing from a judgment finding him guilty of driving while intoxicated (first offense), argues that the double jeopardy clause of the United States Constitution bars his prosecution for the charge once he has incurred an administrative suspension of his operator's license under § 343.305, STATS.²

2 The statute provides that where a person submits to chemical testing for blood alcohol concentration and the test results indicate the presence of a prohibited level of alcohol in the blood, "[t]he person's operating privilege is administratively suspended for 6 months."

We rejected the identical argument in State v. McMaster , 198 Wis.2d 542, 552-53, 543 N.W.2d 499, 503 (Ct. App. 1995), as we do here.

By the Court. — Judgment affirmed.