State v. Bolstad
In State v. Bolstad, 124 Wis. 2d 576, 370 N.W.2d 257 (1985), the defendant was arrested for operating a motor vehicle while intoxicated (OWI) and thereafter refused to submit to chemical testing. See id. at 577.
At the refusal hearing, the trial court determined that the refusal was improper. See 124 Wis. 2d at 578. At the later OWI trial, the court prohibited the defendant from presenting evidence of the reasons for his refusal because of the prior determination that his refusal was not proper. See 124 Wis. 2d at 579-80.
The supreme court reversed, holding that despite the prior determination, the defendant was entitled to introduce his evidence to rebut the consciousness of guilt inference created by the evidence of his refusal. See 124 Wis. 2d at 585-86.