Wisconsin Supreme Court June 2, 1982, 81-693-CR (State v. McAllister)

STEINMETZ, J.

This case was certified to this court by the court of appeals; we accepted certification.

The issue is whether prior violations of sec. 346.63(1), Stats.,

1

are elements of the crime of driving or operating a motor vehicle while under the influence of an intoxicant or a controlled substance, thereby requiring that

*533

the question of their existence be submitted to the jury.