02-0611 State v. Ligon

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John Ligon appeals from an order revoking his motor vehicle operating privileges. The circuit court revoked Ligon’s privileges after it concluded he had no basis to refuse to consent to a chemical test of his blood alcohol content. Ligon challenged the constitutionality of the implied consent law, Wis. Stat. sec. 343.305, arguing its provision mandating revocation for an improper refusal to submit to testing punishes him for exercising his Fourth Amendment right to refuse to consent to searches and seizures. The trial court rejected this argument and revoked Ligon’s driver’s license for one year. On appeal, Ligon makes the same challenges to sec. 343.305.

We determine this statute does not punish Ligon for exercising his constitutional rights and, therefore, affirm the trial court’s order.

This opinion will not be published.

Dist III, Door County, Ehlers, J., Cane, C.J.

Attorneys:

For Appellant: Ralph A. Kalal, Monona

For Respondent: Timothy W. Funnell, Sturgeon Bay