operating privilege (Wisconsin) · Go Syfert
← Wisconsin issues

operating privilege in Wisconsin

30 Wisconsin opinions name it 3 courts 1981–2026 9 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
State v. Anagnosgreen
wis · 2012 · cited in 3 Wisconsin opinions naming this issue, 2022–2024
2 sentences

2024Thus, whether Terhune’s motion alleged facts entitling him to suppression of evidence has no bearing on the relief actually available to the cited person in a refusal proceeding, namely, that the circuit court must “order that no action be taken on the operating privilege” based on the refusal if one of the issues raised at the proceeding is “determined favorably to the person.” See § 343.305(9)(d); Anagnos, 341 Wis. 2d 576 , ¶25 & n.7.2 ¶17 Here, Terhune was ultimately afforded the opportunity to challenge the revocation of his operating privileges based on evidence that he argued showed that

2022See State v. Anagnos, 2012 WI 64, ¶43 , 341 Wis. 2d 576 , 815 N.W.2d 675 (noting that a court may not revoke a defendant’s operating privilege if it determines that the defendant was not lawfully placed under arrest). ¶14 The County does not address Steinert’s argument that his transportation to the sheriff’s office was outside the vicinity of the stop and therefore violated WIS.

23
State v. Reittergreen
wis · 1999 · cited in 2 Wisconsin opinions naming this issue, 2017–2023
2 sentences

2023Thus, the Implied Consent Law “impose[s] a condition on the right to obtain a license to drive on a Wisconsin highway,” and that condition “requires that a licensed driver, by applying for and receiving a license, consent to submit to chemical tests for intoxication under statutorily determined circumstances.” Scales v. State, 64 Wis. 2d 485, 494 , 219 N.W.2d 286 (1974); see also Reitter, 227 Wis. 2d at 225 (“The implied consent law provides that Wisconsin drivers are deemed to have given implied consent to chemical testing as a condition of receiving the operating privilege.”).

2017"By reason of the implied consent law, a driver . . . consents to submit to the prescribed chemical tests."9 State v. Neitzel, 95 Wis. 2d 191, 193 , 289 N.W.2d 828 (1980); see also State v. Reitter, 227 Wis. 2d 213, 225 , 595 N.W.2d 646 (1999) ("The implied consent law provides that Wisconsin drivers are deemed to have given implied consent to chemical testing as a condition of receiving the operating privilege.").

22
County of Ozaukee v. Quellegreen
wisctapp · 1995 · cited in 4 Wisconsin opinions naming this issue, 2001–2026
2 sentences

2023See Quelle, 198 Wis. 2d at 280 . ¶17 Cormican argues that these statements were misleading because the revocation of a person’s operating privilege does not, in fact, occur automatically when a person refuses a requested test.

2002WISCONSIN STAT. § 343.305(9)(a) states, in relevant part: "If a person refuses to take a test under *417 sub. (3) (a), the law enforcement officer shall immediately take possession of the person's license and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege." In concluding that this is an arresting officer's only recourse upon an arrestee's refusal to submit to chemical testing, Marshall relies on language from County of Ozaukee v. Quelle, 198 Wis. 2d 269 , 542 N.W.2d 196 (Ct. App. 1995), in which this court stated: Every driver in Wisconsi

14
Birchfield v. N. Dakota. William Robert Bernardgreen
scotus · 2016 · cited in 2 Wisconsin opinions naming this issue, 2017–2026
2 sentences

2026STAT. § 343.305(9)(a), our state supreme court analyzed Birchfield and noted that “[t]here is no constitutional issue, however, when a state imposes only ‘civil penalties,’ such as revoking a person’s operating privileges, for refusing a warrantless blood draw.” Forrett, 401 Wis. 2d 678 , ¶8 n.5 (quoting Birchfield, 579 U.S. at 476-77 ). ¶21 Revocation of an individual’s operating privilege is the consequence for failing to comply with Wisconsin’s implied consent law.

2017A court-ordered revocation under § 343.305(10) is not a criminal penalty.9 Therefore, nothing in Birchfield undermines the longstanding provisions of Wisconsin's implied consent law. ¶74 On the contrary, the Supreme Court stated in Birchfield that "[i]t is well established that a search is reasonable when the subject consents, and that sometimes consent to a search need not be express but may be fairly inferred from context." Birchfield, 136 S. Ct. at 2185 (citations omitted). 9 A revocation under Wis. Stat. § 343.305 (10) has other consequences, but they are not criminal penalties for the wit

12
State v. Carlsongreen
wisctapp · 2001 · cited in 1 Wisconsin opinions naming this issue, 2019–2019
1 sentence

2019See Carlson , 250 Wis. 2d 562 , ¶27.

11
Missouri v. McNeelygreen
scotus · 2013 · cited in 1 Wisconsin opinions naming this issue, 2017–2017
2 sentences

2017And, as a plurality of the Supreme Court explained in Missouri v. McNeely, 133 S. Ct. 1552, 1566 (2013), "all 50 States have adopted implied consent laws that require motorists, as a condition of operating a motor vehicle within the State, to consent to BAC testing if they are arrested or otherwise detained on suspicion of a drunk-driving offense." The "consent" to which this court in Neitzel and the Supreme 9 Our previous cases discussing implied consent clearly establish that an individual has already consented at the time an officer reads a driver the Informing the Accused form.

2017And, as a plurality of the Supreme Court explained in Missouri v. McNeely, 133 S. Ct. 1552, 1566 (2013), "all 50 States have adopted implied consent laws that require motorists, as a condition of operating a motor vehicle within the State, to consent to BAC testing if they are arrested or otherwise detained on suspicion of a drunk-driving offense." The "consent" to which this court in Neitzel and the Supreme Court in McNeely refer is consent sufficient under the Fourth Amendment — not some amorphous, lesser form of consent.

11
State v. Woodsgreen
wis · 1984 · cited in 1 Wisconsin opinions naming this issue, 2008–2008
2 sentences

2008Section 346.63(1) provides in relevant part that "[n]o person may drive or operate a motor vehicle while: ... (b) The person has a prohibited alcohol concentration." 5 See Wis. Stat. § 343.305 (9)(a)5.a. (providing that at a refusal hearing, the court considers the issue whether the defendant "was lawfully placed under arrest for violation of s. 346.63(1)..."); Wis. Stat. § 343.305 (9)(d) (providing that if one or more issues considered under § 343.305(9)(a)5. is determined favorably to the defendant, "the court shall order that no action be taken on the operating privilege on account of the p

2008Section 346.63(1) provides in relevant part that "[n]o person may drive or operate a motor vehicle while: ... (b) The person has a prohibited alcohol concentration." 5 See Wis. Stat. § 343.305 (9)(a)5.a. (providing that at a refusal hearing, the court considers the issue whether the defendant "was lawfully placed under arrest for violation of s. 346.63(1)..."); Wis. Stat. § 343.305 (9)(d) (providing that if one or more issues considered under § 343.305(9)(a)5. is determined favorably to the defendant, "the court shall order that no action be taken on the operating privilege on account of the p

11
State v. Willegreen
wisctapp · 1994 · cited in 1 Wisconsin opinions naming this issue, 2008–2008
2 sentences

2008Section 346.63(1) provides in relevant part that "[n]o person may drive or operate a motor vehicle while: ... (b) The person has a prohibited alcohol concentration." 5 See Wis. Stat. § 343.305 (9)(a)5.a. (providing that at a refusal hearing, the court considers the issue whether the defendant "was lawfully placed under arrest for violation of s. 346.63(1)..."); Wis. Stat. § 343.305 (9)(d) (providing that if one or more issues considered under § 343.305(9)(a)5. is determined favorably to the defendant, "the court shall order that no action be taken on the operating privilege on account of the p

2008Section 346.63(1) provides in relevant part that "[n]o person may drive or operate a motor vehicle while: ... (b) The person has a prohibited alcohol concentration." 5 See Wis. Stat. § 343.305 (9)(a)5.a. (providing that at a refusal hearing, the court considers the issue whether the defendant "was lawfully placed under arrest for violation of s. 346.63(1)..."); Wis. Stat. § 343.305 (9)(d) (providing that if one or more issues considered under § 343.305(9)(a)5. is determined favorably to the defendant, "the court shall order that no action be taken on the operating privilege on account of the p

11
Commonwealth v. Mordangreen
pasuperct · 1993 · cited in 1 Wisconsin opinions naming this issue, 2000–2000
2 sentences

2000The relevant Pennsylvania statute provided that "it shall be the duty of the police officer to inform the person that the person's operating privilege will be suspended upon refusal to submit to chemical testing." Id. at 108 (citation omitted).

2000The court concluded that although a "knowing refusal" might be required prior to imposing sanctions for refusing to submit to testing, "[n]o where *269 does the law require the officer to make certain that the motorist understands that he could exercise a right to refuse a breathalyzer test.... [A motorist has no] right to a knowing and conscious submission to the breath test." Id. at 108-09 . ¶ 18.

11
State v. Zielkegreen
wis · 1987 · cited in 1 Wisconsin opinions naming this issue, 1990–1990
2 sentences

1990Instead, it says "in addition to other penalties which may be imposed." (Emphasis added.) In other words, the word "may" is used instead of the word "will." The partial text of the form appears in a footnote below. 1 Muente cites State v. Zielke, 137 Wis. 2d 39, 54 , 403 N.W.2d 427, 433 (1987), for the proposition that when officers fail to comply with the implied consent statute, the license cannot be revoked.

1990Instead, it says "in addition to other penalties which may be imposed." (Emphasis added.) In other words, the word "may" is used instead of the word "will." The partial text of the form appears in a footnote below. 1 Muente cites State v. Zielke, 137 Wis. 2d 39, 54 , 403 N.W.2d 427, 433 (1987), for the proposition that when officers fail to comply with the implied consent statute, the license cannot be revoked.

11
Kenosha County Department of Social Services v. Nelsengreen
wisctapp · 1980 · cited in 1 Wisconsin opinions naming this issue, 1981–1981
11
Karow v. Milwaukee County Civil Service Commissiongreen
wis · 1978 · cited in 1 Wisconsin opinions naming this issue, 1981–1981
11
State v. Kinggreen
wis · 1978 · cited in 1 Wisconsin opinions naming this issue, 1981–1981
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (22)

CaseCitedYears
State v. Adam M. Blackman green
wis · 2017
2 sentences

2025In pertinent part, the Informing the Accused form tells the driver that one or more of the situations in paras. (3)(a) or (ar) apply and reads: “If you refuse to take any test that this agency requests, your operating privilege will be revoked and you will be subject to other penalties.” Sec. 343.305(4) (emphasis added). ¶23 WISCONSIN STAT. § 343.305(9)(a) “provides the penalty for refusing a post-arrest request for a chemical test under” § 343.305(3)(a), see Blackman, 377 Wis. 2d 339, ¶41 , and states that “[i]f a person refuses to take a test under sub. (3)(a), the law enforcement officer sh

2025STAT.] § 343.305(3)(ar)2. through §§ 343.305(3)(a) and 343.305(9)(a).” Blackman, 377 Wis. 2d 339, ¶35 .

22020–2025
Washburn County v. Smith green
wis · 2008
2 sentences

2024If the person refuses to consent to the requested test, and if a court subsequently determines that the refusal was improper, the court “shall revoke the person’s operating privilege.” See § 343.305(10)(a), (b)1. ¶18 “A refusal to submit to a chemical test for intoxication cannot result in revocation of operating privileges unless the person has first been adequately informed of his [or her] rights under the law.” Smith, 308 Wis. 2d 65, ¶51 .

2020STAT.] § 343.305(4).” Washburn Cnty., 308 Wis. 2d 65, ¶72 .

22020–2024
State v. Neitzel green
wis · 1980
2 sentences

2017"By reason of the implied consent law, a driver . . . consents to submit to the prescribed chemical tests."9 State v. Neitzel, 95 Wis. 2d 191, 193 , 289 N.W.2d 828 (1980); see also State v. Reitter, 227 Wis. 2d 213, 225 , 595 N.W.2d 646 (1999) ("The implied consent law provides that Wisconsin drivers are deemed to have given implied consent to chemical testing as a condition of receiving the operating privilege.").

2017"By reason of the implied consent law, a driver . . . consents to submit to the prescribed chemical tests."9 State v. Neitzel, 95 Wis. 2d 191, 193 , 289 N.W.2d 828 (1980); see also State v. Reitter, 227 Wis. 2d 213, 225 , 595 N.W.2d 646 (1999) ("The implied consent law provides that Wisconsin drivers are deemed to have given implied consent to chemical testing as a condition of receiving the operating privilege.").

21999–2017
Scales v. State green
wis · 1974
2 sentences

2023Thus, the Implied Consent Law “impose[s] a condition on the right to obtain a license to drive on a Wisconsin highway,” and that condition “requires that a licensed driver, by applying for and receiving a license, consent to submit to chemical tests for intoxication under statutorily determined circumstances.” Scales v. State, 64 Wis. 2d 485, 494 , 219 N.W.2d 286 (1974); see also Reitter, 227 Wis. 2d at 225 (“The implied consent law provides that Wisconsin drivers are deemed to have given implied consent to chemical testing as a condition of receiving the operating privilege.”).

2023Thus, the Implied Consent Law “impose[s] a condition on the right to obtain a license to drive on a Wisconsin highway,” and that condition “requires that a licensed driver, by applying for and receiving a license, consent to submit to chemical tests for intoxication under statutorily determined circumstances.” Scales v. State, 64 Wis. 2d 485, 494 , 219 N.W.2d 286 (1974); see also Reitter, 227 Wis. 2d at 225 (“The implied consent law provides that Wisconsin drivers are deemed to have given implied consent to chemical testing as a condition of receiving the operating privilege.”).

12023–2023
State v. Schmidt green
wisctapp · 2004
2 sentences

2022At the time an officer requests a sample, the officer must read the information and warnings set forth in § 343.305(4), which are generally incorporated into a form entitled “Informing the Accused.” See State v. Schmidt, 2004 WI App 235, ¶10 , 277 Wis. 2d 561 , 691 N.W.2d 379 . ¶11 If the driver refuses to take the test, the officer “shall immediately prepare a notice of intent to revoke … the person’s operating privilege.” WIS.

2022At the time an officer requests a sample, the officer must read the information and warnings set forth in § 343.305(4), which are generally incorporated into a form entitled “Informing the Accused.” See State v. Schmidt, 2004 WI App 235, ¶10 , 277 Wis. 2d 561 , 691 N.W.2d 379 . ¶11 If the driver refuses to take the test, the officer “shall immediately prepare a notice of intent to revoke … the person’s operating privilege.” WIS.

12022–2022
Dixon v. Love green
scotus · 1977
1 sentence

2019Love , 431 U.S. at 113 . ¶11 Because the demands of due process are flexible, an erroneous circuit court order that revokes an individual's operating privilege does not make that order void per se; instead, we look at the magnitude of the court's error.

12019–2019
State v. Grady green
wis · 2007
1 sentence

2017Any convictions for moving violations arising out of the incident or occurrence giving rise to sentencing under this section. ¶53 In Grady, this court determined that "a circuit court satisfies its [statutory] obligation when the record of the sentencing hearing demonstrates that the court actually considered the sentencing guidelines and so stated on the record." 302 Wis. 2d 80, ¶3 .

12017–2017
State v. Swanson green
wis · 1991
2 sentences

2008Section 346.63(1) provides in relevant part that "[n]o person may drive or operate a motor vehicle while: ... (b) The person has a prohibited alcohol concentration." 5 See Wis. Stat. § 343.305 (9)(a)5.a. (providing that at a refusal hearing, the court considers the issue whether the defendant "was lawfully placed under arrest for violation of s. 346.63(1)..."); Wis. Stat. § 343.305 (9)(d) (providing that if one or more issues considered under § 343.305(9)(a)5. is determined favorably to the defendant, "the court shall order that no action be taken on the operating privilege on account of the p

2008Section 346.63(1) provides in relevant part that "[n]o person may drive or operate a motor vehicle while: ... (b) The person has a prohibited alcohol concentration." 5 See Wis. Stat. § 343.305 (9)(a)5.a. (providing that at a refusal hearing, the court considers the issue whether the defendant "was lawfully placed under arrest for violation of s. 346.63(1)..."); Wis. Stat. § 343.305 (9)(d) (providing that if one or more issues considered under § 343.305(9)(a)5. is determined favorably to the defendant, "the court shall order that no action be taken on the operating privilege on account of the p

12008–2008
State v. Nordness green
wis · 1986
2 sentences

2008Section 346.63(1) provides in relevant part that "[n]o person may drive or operate a motor vehicle while: ... (b) The person has a prohibited alcohol concentration." 5 See Wis. Stat. § 343.305 (9)(a)5.a. (providing that at a refusal hearing, the court considers the issue whether the defendant "was lawfully placed under arrest for violation of s. 346.63(1)..."); Wis. Stat. § 343.305 (9)(d) (providing that if one or more issues considered under § 343.305(9)(a)5. is determined favorably to the defendant, "the court shall order that no action be taken on the operating privilege on account of the p

2008Section 346.63(1) provides in relevant part that "[n]o person may drive or operate a motor vehicle while: ... (b) The person has a prohibited alcohol concentration." 5 See Wis. Stat. § 343.305 (9)(a)5.a. (providing that at a refusal hearing, the court considers the issue whether the defendant "was lawfully placed under arrest for violation of s. 346.63(1)..."); Wis. Stat. § 343.305 (9)(d) (providing that if one or more issues considered under § 343.305(9)(a)5. is determined favorably to the defendant, "the court shall order that no action be taken on the operating privilege on account of the p

12008–2008
State v. Seibel green
wis · 1991
2 sentences

2008Section 346.63(1) provides in relevant part that "[n]o person may drive or operate a motor vehicle while: ... (b) The person has a prohibited alcohol concentration." 5 See Wis. Stat. § 343.305 (9)(a)5.a. (providing that at a refusal hearing, the court considers the issue whether the defendant "was lawfully placed under arrest for violation of s. 346.63(1)..."); Wis. Stat. § 343.305 (9)(d) (providing that if one or more issues considered under § 343.305(9)(a)5. is determined favorably to the defendant, "the court shall order that no action be taken on the operating privilege on account of the p

2008Section 346.63(1) provides in relevant part that "[n]o person may drive or operate a motor vehicle while: ... (b) The person has a prohibited alcohol concentration." 5 See Wis. Stat. § 343.305 (9)(a)5.a. (providing that at a refusal hearing, the court considers the issue whether the defendant "was lawfully placed under arrest for violation of s. 346.63(1)..."); Wis. Stat. § 343.305 (9)(d) (providing that if one or more issues considered under § 343.305(9)(a)5. is determined favorably to the defendant, "the court shall order that no action be taken on the operating privilege on account of the p

12008–2008
Schmerber v. California green
scotus · 1966
1 sentence

2004Id.

12004–2004
State v. Renard green
wisctapp · 1985
2 sentences

2004By the Court. — Judgment affirmed. 1 All references to the Wisconsin Statutes are to the 2001-02 version unless otherwise noted. 2 Because of this conclusion, we do not address the State's argument that, even if Schmidt had made a proper request for an additional test, the officer's failure to administer an additional test does not entitle Schmidt to the remedy of suppression of the blood test results. 3 The refusal to submit to a test is, in itself, grounds for penalties under Wis. Stat. § 343.305 (9), including revocation of the person's operating privilege. 4 In addition to distinguishing S

2004By the Court. — Judgment affirmed. 1 All references to the Wisconsin Statutes are to the 2001-02 version unless otherwise noted. 2 Because of this conclusion, we do not address the State's argument that, even if Schmidt had made a proper request for an additional test, the officer's failure to administer an additional test does not entitle Schmidt to the remedy of suppression of the blood test results. 3 The refusal to submit to a test is, in itself, grounds for penalties under Wis. Stat. § 343.305 (9), including revocation of the person's operating privilege. 4 In addition to distinguishing S

12004–2004
State v. Piddington green
wis · 2001
2 sentences

2004By the Court. — Judgment affirmed. 1 All references to the Wisconsin Statutes are to the 2001-02 version unless otherwise noted. 2 Because of this conclusion, we do not address the State's argument that, even if Schmidt had made a proper request for an additional test, the officer's failure to administer an additional test does not entitle Schmidt to the remedy of suppression of the blood test results. 3 The refusal to submit to a test is, in itself, grounds for penalties under Wis. Stat. § 343.305 (9), including revocation of the person's operating privilege. 4 In addition to distinguishing S

2004By the Court. — Judgment affirmed. 1 All references to the Wisconsin Statutes are to the 2001-02 version unless otherwise noted. 2 Because of this conclusion, we do not address the State's argument that, even if Schmidt had made a proper request for an additional test, the officer's failure to administer an additional test does not entitle Schmidt to the remedy of suppression of the blood test results. 3 The refusal to submit to a test is, in itself, grounds for penalties under Wis. Stat. § 343.305 (9), including revocation of the person's operating privilege. 4 In addition to distinguishing S

12004–2004
State v. McCrossen green
wis · 1986
2 sentences

2004By the Court. — Judgment affirmed. 1 All references to the Wisconsin Statutes are to the 2001-02 version unless otherwise noted. 2 Because of this conclusion, we do not address the State's argument that, even if Schmidt had made a proper request for an additional test, the officer's failure to administer an additional test does not entitle Schmidt to the remedy of suppression of the blood test results. 3 The refusal to submit to a test is, in itself, grounds for penalties under Wis. Stat. § 343.305 (9), including revocation of the person's operating privilege. 4 In addition to distinguishing S

2004By the Court. — Judgment affirmed. 1 All references to the Wisconsin Statutes are to the 2001-02 version unless otherwise noted. 2 Because of this conclusion, we do not address the State's argument that, even if Schmidt had made a proper request for an additional test, the officer's failure to administer an additional test does not entitle Schmidt to the remedy of suppression of the blood test results. 3 The refusal to submit to a test is, in itself, grounds for penalties under Wis. Stat. § 343.305 (9), including revocation of the person's operating privilege. 4 In addition to distinguishing S

12004–2004
State v. Kniess neutral
wisctapp · 1993
2 sentences

2001The result in Doyen is consistent with the court of appeals decision in State v. Kniess, 178 Wis. 2d 451 , 504 N.W.2d 122 (Ct. App. 1993).

2001The result in Doyen is consistent with the court of appeals decision in State v. Kniess, 178 Wis. 2d 451 , 504 N.W.2d 122 (Ct. App. 1993).

12001–2001
State v. Bolling green
wisctapp · 1998
2 sentences

2001If no hearing was requested, the revocation period shall begin 30 days after the date of the refusal.... 3 In State v. Bollig, 222 Wis. 2d 558 , 570-71, 587 N.W.2d 908 (Ct. App. 1998), we stated that the purpose behind the different ways in which a special prosecutor may be appointed is targeted at controlling the Department of Administration (DOA) expenditures.

2001If no hearing was requested, the revocation period shall begin 30 days after the date of the refusal.... 3 In State v. Bollig, 222 Wis. 2d 558 , 570-71, 587 N.W.2d 908 (Ct. App. 1998), we stated that the purpose behind the different ways in which a special prosecutor may be appointed is targeted at controlling the Department of Administration (DOA) expenditures.

12001–2001
State v. Rydeski green
wisctapp · 1997
1 sentence

1999Wis. Stat. § 343.305(2); Neitzel, 95 Wis. 2d at 193 ; Rydeski, 214 Wis. 2d at 109 .

11999–1999
Village of Oregon v. Bryant green
wis · 1994
2 sentences

1995In that case the driver, Bryant, argued that the Informing the Accused form was inaccurate and misleading because, by stating that failing "any" test will result in suspension, it "deters the [driver] from knowing that [as stated in the administrative appeal form], if he [or she] takes additional tests and any of those test results are not within the prohibited range, 'the administrative suspension of the person's operating privilege [may] be rescinded.'" Id. at 686 , 524 N.W.2d at 637 (quoting § 343.305(8)(b)5, Stats.). *569 The supreme court agreed with Bryant that one arrested for OWI "shou

1995In that case the driver, Bryant, argued that the Informing the Accused form was inaccurate and misleading because, by stating that failing "any" test will result in suspension, it "deters the [driver] from knowing that [as stated in the administrative appeal form], if he [or she] takes additional tests and any of those test results are not within the prohibited range, 'the administrative suspension of the person's operating privilege [may] be rescinded.'" Id. at 686 , 524 N.W.2d at 637 (quoting § 343.305(8)(b)5, Stats.). *569 The supreme court agreed with Bryant that one arrested for OWI "shou

11995–1995
Raley v. Ohio green
scotus · 1959
1 sentence

1992He cites Raley v. Ohio, 360 U.S. 423 (1959), and McDonnell v. Commissioner of Pub.

11992–1992
Warner v. Department of Transportation green
wisctapp · 1981
2 sentences

1991Warner v. Department of Transp., 102 Wis. 2d 232, 236 , 306 N.W.2d 266 (Ct. App. 1981). 344.14 Suspension for failure to deposit security; impoundment of vehicle; exceptions. (1) If a person who was given notice pursuant to s. 344.13(3) fails to deposit security in the amount and by the time specified in the notice, the secretary shall forthwith suspend the person's operating privilege if the person was the operator of a motor vehicle involved in the accident and all the person's registrations if the person was the owner of a motor vehicle involved in the accident unless the person furnishes p

1991Warner v. Department of Transp., 102 Wis. 2d 232, 236 , 306 N.W.2d 266 (Ct. App. 1981). 344.14 Suspension for failure to deposit security; impoundment of vehicle; exceptions. (1) If a person who was given notice pursuant to s. 344.13(3) fails to deposit security in the amount and by the time specified in the notice, the secretary shall forthwith suspend the person's operating privilege if the person was the operator of a motor vehicle involved in the accident and all the person's registrations if the person was the owner of a motor vehicle involved in the accident unless the person furnishes p

11991–1991
State v. Wilke green
wisctapp · 1989
11990–1990
State v. Derenne green
wis · 1981
11986–1986

Statutes the citing opinions construe

WI § Wis. Stat. § 343.305 (25) WI § Wis. Stat. § 346.63 (15) WI § Wis. Stat. § 808.10 (10) WI § Wis. Stat. § 752.31 (9) WI § Wis. Stat. § 343.303 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 360 (1943–2026) WI 30 (1981–2026) MO 5 (1929–2023) CA 5 (1947–2020) WA 4 (1971–2020) NC 3 (1971–1998) ME 3 (1971–1983) CT 3 (1994–2018) NY 2 (1992–1996) MI 2 (1937–2022) KY 2 (1940–1958) FL 2 (2006–2007)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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