State v. Crandall

The issue in this case is whether the due process clause of the Wisconsin Constitution, article I, section 8(1) 1 requires that a defendant accused of operating a motor vehicle while intoxicated be warned that a refusal to submit to a chemical breath test can be used against her as evidence at tried.

The facts of the case are that in the early evening hours of August 19, 1983, Jean L. Crandall was stopped by police. She was driving ten miles per hour under the speed limit and weaving across the center line to the shoulder of the road. The arresting officer smelled alcohol on the defendant’s…