COA affirms revoking driver’s license for refusing to consent to a blood draw because law enforcement had reasonable suspicion to subject driver to field sobriety tests, which provided probable to arrest for OWI.
State of Wisconsin v. Frederick Ronald Schwenk, 2025AP2528, 10/29/26, District IV (not eligible for publication); case activity
The COA affirmed the circuit court’s order revoking the defendant’s driver’s license for 12 months because a state trooper had reasonable suspicion to subject a driver to field sobriety testing, and thereafter had probable cause to arrest the driver for operating a vehicle while intoxicated.
A citizen witness reported to the Wisconsin State Patrol that a pickup truck with a particular license plate was driving erratically on Interstate 39 around 5 p.m. and had parked in a restaurant parking lot in Stevens Point. A couple of minutes later, a state trooper arrived at the parking lot and saw the pickup truck and a person later identified as Frederick Ronald Schwenk “slumped over the center console.” (¶ 6). The trooper knocked on the window, Schwenk woke up, and told the trooper he had attended a party in Wausau. The trooper reported that Schwenk’s speech was slurred, ordered Schwenk out of the vehicle, and smelled alcohol on Schwenk. The trooper submitted Schwenk to field sobriety tests and he was arrested for OWI. (¶¶ 7-11).
The trooper read to Schwenk the Informing the Accused form and asked him to consent to a blood draw. Schwenk refused and did not request an alternative chemical test. The Wisconsin State Patrol filed a notice of intent to revoke Schwenk’s operating privilege and, after a hearing, the circuit court revoked Schwenk’s driver’s license for 12 months. (¶ 14).
Schwenk argued on appeal that the trooper did not have reasonable suspicion of impaired driving sufficient to require him to step out of the vehicle and perform field sobriety testing and, without evidence from the field sobriety testing, the State did not have probable cause to arrest him for operating while intoxicated as required to revoke his license under Wis. Stat. § 343.305(9)(a)5.a. The COA found that the following facts, in aggregate, supported reasonable suspicion: 1) the trooper had pertinent training and experience; 2) the citizen reported recent erratic driving by the vehicle in which Schwenk was sleeping and the trooper confirmed the citizen’s allegations; 3) Schwenk was slumped over the center console at 5 p.m.; 4) Schwenk slurred his words; and 5) Schwenk smelled of alcohol. (¶¶ 19-24).