In Re Curry

1. Michael A. Curry appeals an order finding that he improperly refused to take a blood alcohol test pursuant to our implied consent law, Wis. Stat. § 343.305. His claim is that he was subjectively confused about whether he had a right to consult with an attorney before submitting to the test. He submits that because he exhibited this confusion to the officer, the officer had an affirmative duty to advise him that the right to counsel does not attach to the implied consent statute pursuant to State v. Reitter, 227 Wis. 2d 213, 231, 595 N.W.2d 646 (1999). We reject his argument for two reasons: First, he did not exhibit confusion to the officer. Second, even if he had, Reitter cannot be read to impose any duty upon the officer. We affirm.