2010AP2899 In the matter of the refusal of Ryan Stefan Roberts

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Motor Vehicles
Implied consent

Ryan Roberts appeals a judgment imposing a twelve-month revocation of his operating privileges, pursuant to Wis. Stat. § 343.305(10), upon a determination that he unreasonably refused to submit to a chemical test of his breath for intoxication, as provided in § 343.305(3)(a), under Wisconsin’s implied consent law.

Roberts contends that: (1) the trial court erred in concluding that the State established that the trooper had sufficient probable cause to justify the administration of a preliminary breath test (PBT), under County of Jefferson v. Renz, 231 Wis. 2d 293, 603 N.W.2d 541 (1999); (2) the trial court erred in failing to address whether the State failed to meet a burden—which Roberts asserts the State had, as part of its obligation to prove that the trooper had probable cause to believe that Roberts was operating while under the influence of alcohol (OWI) or with a prohibited alcohol concentration—of establishing that the PBT used by the trooper was one approved by the Wisconsin Department of Transportation (DOT); and (3) the trial court erred in concluding that Roberts unreasonably refused to submit to the requested breath test.[2] The record supports the circuit court’s decisions, and therefore the judgment is affirmed. This opinion will not be published.

2010AP2899 In the matter of the refusal of Ryan Stefan Roberts

Dist IV, Columbia County, George, J., Blanchard, J.

Attorneys: For Appellant: Rosen, Bruce J., Madison; Blesener, Susan C., Madison; For Respondent: Weber, Gregory M., Madison; Cross, Troy Dean, Portage

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