State v. Piskula

Gary Piskula appeals an order of revocation for refusing to submit to an Intoxilyzer test. He argues that he was not properly advised of his rights under sec. 343.305(4), Stats., because he was not informed of sec. 343.305(4)(c)2 and 3, relating to a driver of a commercial vehicle. Therefore, he argues, his revocation must be vacated. Piskula also contends that sec. 343.305(4)(c) is inconsistent with Wis. Adm. Code sec. Trans 113.04(3)(e), and, therefore, his due process rights were violated because there was no fair notice of required or prohibited conduct. We disagree. The order of…