01-1003 In the Matter of the Refusal of Edidin: State v. Edidin

By: dmc-admin//November 12, 2001//

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Steven Edidin appeals an order revoking his operating privilege for failing to submit to chemical testing as required under Wis. Stat. sec. 343.305. Edidin contends that because the arresting officer did not comply with Wisconsin’s Implied Consent Law, the circuit court erred in finding that he unlawfully refused to submit to the test. Specifically, Edidin argues that the officer should have administered a breath test, the agency’s “primary” test, instead of requesting him to submit to a blood test.

We conclude that, under sec. 343.305(3)(a), the arresting officer was authorized to request Edidin to provide a sample of his blood for testing, notwithstanding the fact that the State Patrol may have designated the breath test as its “primary” test under sec. 343.305(2).

This opinion will not be published.

Dist IV, Evenson, J., Deininger, J.

Attorneys:

For Appellant: Ralph A. Kalal, Madison; Michele Anne Tjader, Madison

For Respondent: Kevin R. Calkins, Baraboo; Patricia A. Barrett, Baraboo

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