Motor Vehicles – OWI — probable cause — refusal

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — probable cause — refusal

Raylene Brinkmeier appeals her conviction for operating a motor vehicle with a prohibited alcohol concentration, as a second offense. Brinkmeier argues that the circuit court erred by failing to suppress evidence derived from the administration of a preliminary breath test (PBT) because the officer who stopped Brinkmeier lacked the requisite probable cause to request the PBT. Brinkmeier also argues that the circuit court erred by permitting the State to elicit evidence at trial that Brinkmeier had refused to submit to the PBT. I conclude that there was probable cause to request the PBT, and that the circuit court did not err by allowing the State to elicit testimony about Brinkmeier’s refusal to submit to the PBT. I therefore affirm the decision of the circuit court. This opinion will not be published.

2013AP15-CR State v. Brinkmeier

Dist IV, Dane County, Genovese, J., Lundsten, J.

Attorneys: For Appellant: Wood, Tracey A.., Madison; For Respondent: Weber, Gregory M., Madison; Throckmorton, Cara Jasmine, Madison; Olsen, Don J., Jr., Madison