State v. Rydeski

DYKMAN, P.J.

Michael R. Rydeski appeals from an order revoking his driving privileges for refusing to submit to a chemical breath test as required by the implied consent statute, § 343.305, Stats. This case presents two issues: (1) whether Rydeski in fact refused to submit to the test; and (2) whether his subsequent willingness to submit to the test cured his initial refusal. We conclude that, by his conduct, Rydeski refused to submit to the requested Intoxilyzer test. We also conclude that Rydeski did not have a right to cure his refusal. Accordingly, we affirm.

BACKGROUND

At the refusal…