On Point: c. Preliminary breath test

City of Monona v. Erick J. Erickson, 2024AP312, District IV, 5/30/25 (one-judge decision; ineligible for publication); case activity

The COA affirmed Erick J. Erickson’s conviction following a bench trial for operating with a prohibited alcohol concentration and revocation of his operating privileges because he unreasonably refused to submit to a preliminary breath test (PBT).  COA found that the circuit court correctly denied Erickson’s motion to suppress because police had probable cause to request the PBT and probable cause to arrest Erickson.

State v. Joseph S. Schenian, 2023AP2017-CR, 6/5/24, District II (1-judge decision, ineligible for publication); case activity

Despite Schenian’s best efforts to do away with a damaging PBT result, COA rejects his arguments and affirms.

State v. Lauren Dannielle Peterson, 2023AP890-CR, 12/29/23, District 4 (one-judge case, ineligible for publication); case activity

Peterson’s circuit court win is short-lived after the court of appeals concludes that reasonable suspicion existed to initiate an OWI investigation and probable cause existed to ask Peterson to perform a preliminary breath test (PBT).

City of Waukesha v. Brian John Zimmer, 2012AP530-531, 3/23/22, District 2; case activity (including briefs)

The circuit court suppressed the results of Zimmer’s preliminary breath test because Officer Moss demanded, rather than asked, Zimmer to submit to a PBT, contrary to §343.303. It also dismissed Zimmer’s OWI citations. The court of appeals reversed because Moss had probable cause arrest even before he administered the PBT and because the circuit allowed its dislike of the PBT to cloud its judgment.

County of Milwaukee v. Christann Spannraft, 2018AP1553 & 1554, 6/23/20, District 1 (one-judge decision; ineligible for publication); case activity (including respondent’s brief)

This is a pro se appeal of an OWI-1st conviction. Spannraft raises three claims, all of which are rejected.

County of Dunn v. Cashe L. Newville, 2018AP1167, 8/6/19, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

Newville was pulled over by a sheriff’s deputy who observed that, among other things, his license plate lamps weren’t working. An arrest on suspicion of operating under the influence of methamphetamine followed. The court of appeals blesses every step in the investigation that led to that arrest.

State v. Michael E. Hale, 2018AP812, 11/8/18, District 1 (one-judge decision; ineligible for publication) case activity (including briefs)

Hale appeals the circuit court’s order that he unreasonably refused a chemical test; the only issue on appeal is whether the officer had probable cause.

State v. Jesse J. Kain, 2018AP951, 10/17/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Kain appeals his drunk driving conviction, arguing the officer that stopped him lacked the probable cause necessary to ask him to take a preliminary breath test. (See Cty. of Jefferson v. Renz, 231 Wis. 2d 293, 316, 603 N.W.2d 541 (1999).)

State v. Jacqueline M. Datka, 2017AP1886, 4/18/18, District 2 (one-judge decision; ineligible for publication); case activity (including briefs)

Datka challenges the officer’s decision to ask for a preliminary breath test after she was stopped on suspicion of OWI.

State v. Bradley E. Ammann, 2017AP866-CR, 12/7/17, District 4 (1-judge opinion, ineligible for publication); case activity (including briefs)

A state trooper stopped Ammann for speeding as he and his wife were driving home from a wedding reception. The trooper asked Amman to exit the car and then smelled intoxicants on him. This led to field sobriety tests and then a preliminary breath test showing that Ammann had an .068 alcohol concentration. He almost escaped with a mere citation for speeding except the trooper had to go and check his driving record.