State v. Grade

The state appeals from an order precluding it from referring to Thomas J. Grade's partial breath alcohol test results and any refusal conduct in a prosecution for operating a motor vehicle while under the influence (OWI) contrary to sec. 346.63(1)(a), Stats. Grade failed to provide two complete tests in the required sequence on an infrared breath-testing instrument. Because we conclude that partial test results are inadmissible, we affirm the order. We also hold that no evidence of his refusal may be referred to during the trial because a deficient "Informing the Accused" form was read to him.