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[T] State v. Miller4/30/2003
at 276. The court was clearly dubious about his religious claim. The defendant said he was a Jehovah's Witness and offered his mother's testimony as confirmation, yet admitted to having drunk beer in violation of the church's prohibition of alcohol use. Id. at 278. The court noted that given the discrepancy between the defendant's professed beliefs and admitted actions, it was actually being asked to honor religious tenets violated by the defendant himself. Id. Nevertheless, the court considered his professed beliefs sincere for the purpose of analysis and found:
he defendant in the type of case at the bar has the clear option not to drive, or drive, knowing that refusal to submit to a chemical or blood test will result in the mandatory revocation and use of such refusal as evidence in a subsequent criminal proceeding, as it would for anyone else. The Jehovah's Witnesses in medical refusal cases risk death; the defendant, in the case before the court, may waive driving privileges by strict adherence. Id. at 278-79.
. The fourth prong of Bohling requires a reasonable objection. This court holds that Miller did not make one, not because we consider his professed theology unsound but because he has furnished absolutely no support for his claims of church membership or church doctrine. Because the methods used to obtain the blood draw in this case were reasonable under the circumstances and the arrestee made no reasonable objection to the procedure, the judgment denying the motion to suppress the results of the blood sample analysis is affirmed.
By the Court. -- Judgment affirmed.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)4.
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