State v. Ludwigson

In County of Ozaukee v. Quelle, 198 Wis. 2d 269, 542 N.W.2d 196 (Ct. App. 1995), we set forth a three-pronged test to use when an allegedly intoxicated driver claims that a refusal to take a blood alcohol test stemmed from an officer's having either not sufficiently read the Informing the Accused form or having gone beyond simply reading the form. By this decision, we hold that when an officer has exceeded the duty, and the extra information provided is erroneous, then it is the defendant's burden to prove by a preponderance of the evidence that the erroneous information caused the defendant…