Opinion No. Oag 2-88, (1988)

PHILIP J. FREEBURG, District Attorney Langlade County

You have requested my opinion on several issues relating to the timeliness of and standards for staying the evidentiary hearing afforded to individuals who have requested the opportunity to litigate the lawfulness of their refusal to submit to chemical testing under the implied consent law. Sec. 343.305, Stats. Paraphrasing your questions, you ask:

1. When should the refusal hearing be held?

2. Can the refusal hearing be stayed until after the trial on the substantive operating while intoxicated ("OWI") charge?

3. If the refusal hearing can be…