State v. Brandon H. Bentdahl

¶ 1. This is a review of an unpublished court of appeals' decision that reversed the circuit court. The petitioner, the State, asks this court to determine whether State v. Brooks 2 applies when a defendant fails to request a refusal hearing within the statutory ten-day time limit and chooses to plead not guilty to the underlying operating a motor vehicle while intoxicated (OWI) or OWI-related offense. The State further asks this court to determine whether Brooks continues to be good law considering Wisconsin's implied consent statute, Wis. Stat. § 343.305 (2009-10). 3

¶ 2. This case arises…