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Challenge to blood test quickly disposed of

State v. Lonnie P. Ayotte, Jr., 2018AP839-CR, 7/25/19, District 4 (one-judge decision; ineligible for publication); case activity (including briefs)

Like Jessica Randall, Ayotte consented to a blood draw after his OWI arrest but then asserted his right to privacy in his blood and told authorities they couldn’t test his blood for alcohol without a warrant. As they did with Randall, the authorities tested the blood anyway. And like Randall, Ayotte gets nowhere in his challenge to the admissibility of the test because in State v. Randall, 2019 WI 80, “the lead and concurring opinions agree that a person in Ayotte’s position does not have a reasonable expectation of privacy in the alcohol content of blood that was legally drawn.” (¶8).

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