A Winona District judge has taken under advisement a case involving an off-duty Winona police officer who was charged with two counts of driving while intoxicated.
35-year-old Ryan Donald Walski appeared in court Friday before District Judge Jeffrey Thompson.
Walski was arrested outside city hall last November 27th by Deputy Police Chief Tom Williams after Williams saw signs of intoxication when Walski exited his vehicle.
Williams drove Walski to Winona Health where a blood test was administered. Results returned by the state crime lab showed a blood alcohol level of .22...over the legal limit of .08.
A court spokesperson told Winona radio Walski is challenging the blood test based on a Missouri case where the U-S Supreme court ruled police should have obtained a search warrant before conducting the blood test on a 25-year-old man named Tyler McNeeley who had refused the test.
Judge Thompson has 90 days to issue his ruling.
Walski had been on the Winona Police force for 12 years at the time of his arrest.....