OWI Sufficiency of Evidence.

Byline: Derek Hawkins

WI Court of Appeals District IV

Case Name: State of Wisconsin v. Scott W. Heimbruch

Case No.: 2019AP1857

Officials: Fitzpatrick, P.J., Kloppenburg, and Nashold JJ.

Focus: OWI Sufficiency of Evidence

Scott W. Heimbruch was issued a notice of intent to revoke operating privilege based on Heimbruch's refusal to submit to a chemical test of his blood after he was arrested for operating while intoxicated. He requested a refusal hearing, and at the hearing Heimbruch moved to dismiss the notice of intent to revoke operating privilege. See WIS. STAT. 343.305(9) (2017- 18) (setting forth the procedures for requesting and holding a "refusal hearing" on a notice of intent to revoke a person's operating privilege). The circuit court granted the motion because the script that the legislature requires the requesting officer to read to the accused (the "Informing the Accused" form), which was read verbatim to Heimbruch, inaccurately states the law in one respect. Specifically, the form contains information that inaccurately states the consequences of refusing a test for a driver who is in a motor vehicle accident but who is not suspected of intoxication. See State v. Blackman, 2017 WI 77, 5, 38, 377 Wis. 2d 339, 898 N.W.2d 774 (the Informing the Accused form inaccurately states that if a driver who is "not suspected of a drunk-driving offense" refuses to submit to a chemical test the driver's license will be revoked). The State appeals, arguing that the circuit court erred because Heimbruch was required and failed to present evidence that the inaccurate information caused him to refuse to submit to the test.

We conclude that Heimbruch was "adequately...