State v. Spring

In State v. Spring, 204 Wis. 2d 343, 350, 555 N.W.2d 384 (Ct. App. 1996), after the suspect agreed to submit to a blood test he was given a hospital form to sign, which he construed as a waiver of liability as to the hospital and its medical personnel; and, for that reason, the suspect refused to sign the consent portion of the form. See 204 Wis. 2d at 349. The officer considered his refusal to sign that consent form as a refusal under the implied consent law and charged him with illegally refusing to submit to a chemical test. Id. The Court held that although Wis. Stat. 343.305 did not expressly authorize a law enforcement officer or a medical facility to require an OWI suspect to sign a written consent form before a chemical test was administered, if the content of the form does not misinform or mislead the suspect as to the implied consent law, then the use of such a form does not violate the statute and the refusal to sign it may be considered a refusal under the statute. See 204 Wis. 2d at 350-53.