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STATE v. CRANDALL

No. 85-0557-CR.

133 Wis.2d 251 (1986)

394 N.W.2d 905

STATE of Wisconsin, Plaintiff-Respondent, v. Jean L. CRANDALL, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided October 29, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant there was a brief by Jeff Scott Olson and Julian & Olson, S.C., Madison, and oral argument by Jeff Scott Olson.

For the plaintiff-respondent the cause was argued by Mary Batt, assistant attorney general, with whom on the brief was Bronson C. La Follette, attorney general.

STEINMETZ, J.

The issue in this case is whether the due process clause of the Wisconsin Constitution, article I, section 8(1)1 requires that a defendant accused of operating a motor vehicle while intoxicated be warned that a refusal to submit to a chemical breath test can be used against her as evidence at trial.

The facts of the case are that in the early evening hours of August 19...

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