01-0671 In the Matter of the Refusal of Milton A. Bumpers: State v. Bumpers

By: dmc-admin//October 8, 2001

Milton Bumpers appeals an order revoking his operating privilege for failing to submit to chemical testing as required under Wis. Stat. sec. 343.305. Bumpers contends that his response when the arresting officer asked him to submit to an evidentiary chemical test of his breath was not a refusal, and that he should have been instructed by the officer that he had to answer either “yes” or “no” to the request, before his response was deemed a refusal. We conclude that Bumpers’ conduct and lack of an affirmative response was properly deemed a refusal.

Accordingly, we affirm the order revoking his driving privilege. This opinion will not be published.

Dist IV, Dane County, Moeser, J., Deininger, J.

Attorneys:

For Appellant: T. Christopher Kelly, Madison

For Respondent: Christine M. Genda, Madison

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