State v. Brooks
In State v. Brooks, 113 Wis. 2d 347, 335 N.W.2d 354 (1983), the supreme court concluded that the trial court did not erroneously exercise its discretion in dismissing the refusal charge. See id. at 359.
The supreme court approved the dismissal of the refusal charge, reasoning that, once a defendant pleads to the operating while intoxicated charge, the refusal statute's purpose-to remove a drunk driver from the road as expeditiously as possible-had been met. See id.