State v. Babbitt

Barbara Babbitt appeals an order finding that there was probable cause for her arrest under § 346.63(1)(a), Stats., 1 and revoking her license under § 343.305(10), STATS., 2 for unreasonably refusing to take an Intoxilyzer test. Babbitt contends that the trial court erroneously relied on her refusal to submit to a field sobriety test in determining that there was probable cause for her arrest. Further, Babbitt contends that absent evidence of her refusal to take the field sobriety test, there was insufficient evidence to establish probable cause for her arrest under § 346.63(l)(a). Because we…