COURT OF APPEALS

                DECISION

   DATED AND RELEASED

 

               June 13, 1996

 

 

 

 

                  NOTICE

 

A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals.  See § 808.10 and Rule 809.62, Stats.

This opinion is subject to further editing.  If published, the official version will appear in the bound volume of the Official Reports.

 

 

 

 

No.  95-3375

 

STATE OF WISCONSIN               IN COURT OF APPEALS

     DISTRICT IV           

                                                                                                                       

STATE OF WISCONSIN,

 

                                                            Plaintiff-Respondent,

 

                        v.

 

CURTIS J. MAHER,

 

                                                            Defendant-Appellant.

                                                                                                                      

 

 

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

                        EICH, C.J.[1]  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]

                        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.

                        This opinion will not be published.  See Rule 809.23(1)(b)4, Stats. 


     [1]  This appeal is decided by one judge pursuant to § 752.31(2)(c), Stats.

     [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."