Wisconsin Statutes
Wis. Stat. § 946.40 (2026)
Refusing to aid officer
✓ current as of July 2026
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946.40(1)(1) Whoever, without reasonable excuse, refuses or fails, upon command, to aid any person known by the person to be a peace officer is guilty of a Class C misdemeanor.
946.40(2)(2) This section does not apply if under the circumstances the officer was not authorized to command such assistance.
946.40 AnnotationUnder s. 343.305, hospital personnel must administer a blood alcohol test and report the results at the request of an officer, subject to the penalty under this section. 68 Atty. Gen. 209.
946.40 AnnotationIn certain circumstances, a peace officer may command medical staff at a hospital or clinic to gather evidence from a sexual assault victim. 72 Atty. Gen. 107.
Notes of Decisions
Cited in 6
cases, 1963–1998 · leading case: Miller Brands-Milwaukee, Inc. v. Case, 470 N.W.2d 290 (Wis. 1991).
Miller Brands-Milwaukee, Inc. v. Case, 470 N.W.2d 290 (Wis. 1991). “In Waukesha, the court held that there were not enough facts to resolve the issue under the statute governing refusing to aid an officer (sec. 946.40, Stats.). Id. at 641 . "Neither the statute nor the facts that might trigger an interpretation of the statute are before the…”
Kagel v. Brugger, 119 N.W.2d 394 (Wis. 1963). “If the citizen refuses the command of the officer, he runs the risk of the criminal sanction of sec. 946.40, Stats. Must a citizen choose between the risk of Scylla and the risk of Charybdis at his peril? The complaint states no cause of action against the defendant Nead.”
Ludwig v. Dulian, 579 N.W.2d 795 (Wis. Ct. App. 1998). “Rather, he was bound by § 946.40, Stats., to aid a peace officer.”
Waukesha Mem'l Hosp., Inc. v. Baird, 173 N.W.2d 700 (Wis. 1970). “g for the majority of the court, found there was no cause of action stated against the citizen who drove his vehicle into the position prescribed by the police and that a refusal to carry out the order, the statutory basis for which was clear in that case, would have required…”
Alioto v. Holtzman, 54 F.R.D. 602 (E.D. Wis. 1972). “In my opinion, § 946.40 Wis.Stats., which penalizes one who refuses or fails, upon command, to aid a peace officer, cannot be construed as giving immunity under the circumstances charged by the plaintiff in this case.”
State v. Spring, 555 N.W.2d 384 (Wis. Ct. App. 1996). “I further certify that said blood/urine collected has been commanded by the Waukesha Sheriff Department Police (Name of Department) Department and advise that, pursuant to section 946.40, Wisconsin Statutes, whoever, without reasonable excuse, refuses or fails, upon command, to…”
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