OWI – Implied Consent – Suppression of Evidence

By: Derek Hawkins//January 26, 2022//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. Terence S. O’Haire

Case No.: 2021AP564

Officials: GRAHAM, J.

Focus: OWI – Implied Consent – Suppression of Evidence

Terence S. O’Haire appeals a revocation judgment for unlawfully refusing to submit to an implied consent test (the “refusal”), a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant, first offense (the “OWI” offense), and a judgment of conviction for possession of an open intoxicant in his motor vehicle (the “open intoxicant” offense). O’Haire argues that the results of a preliminary breath screening test (“PBT”) and his subsequent refusal to submit to an evidentiary breath test under implied consent laws should have been suppressed because the arresting officer coerced his consent to the PBT, invalidating his consent for Fourth Amendment purposes. For the reasons explained below, I disagree and affirm the judgments.

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Derek A Hawkins is Corporate Counsel, at Salesforce.

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