State v. Wilke

Marcella M. Wilke appeals from an order revoking her driving privileges for two years for refusing to submit to a chemical test of her breath upon arrest for operating a motor vehicle while intoxicated (OWI). She argues that the trial court erred in ordering revocation because the officers administering the breath test failed to comply with sec. 343.305(4), Stats., requiring that the accused be informed of possible penalties associated with submitting to a chemical test. We agree and reverse the revocation order.

The relevant facts are undisputed. Wilke was arrested for OWI on September…