Village of Elkhart Lake v. Borzyskowski

Robert A. Borzyskowski appeals from an order revoking his driver’s license for six months because he refused to take a breathalyzer test. Borzyskowski contends that there was no probable cause to arrest him for operating a motor vehicle while under the influence of an intoxicant. He also challenges the trial court’s finding that he improperly refused to take a breathalyzer test. In addition, Borzyskowski claims that the trial court lost jurisdiction when it failed to render a decision within five days of the refusal hearing, as required by sec. 343.305(8) (b), Stats. We conclude that there…