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Bishop's DWI lawyer: Implied consent unconstitutional

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MADISON, Wis. (AP) -- A Dane County judge has refused to throw out the blood alcohol test of former bishop charged in a fatal hit-and-run crash.

Former Lutheran bishop Bruce Burnside is charged with homicide by intoxicated use of a vehicle and four other counts in the April death of Maureen Mengelt. The 52-year-old Sun Prairie woman was out for an afternoon jog when she was struck.

The State Journal says Burnside's attorney argues that although the reverend gave his consent to have his blood drawn for an alcohol test, the process was unconstitutional because drivers are told they could lose their licenses if they don't comply. Defense attorney John Hyland says that amounts to coercion.

Burnside is no longer employed by the South-Central Synod of Wisconsin of the Evangelical Lutheran Church in America.

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Information from: Wisconsin State Journal