Dane County v. Kasinski

1 Joseph Kasinski was arrested for drunk driving. He contends that, following his arrest, he was improperly denied his statutory right to an alternative chemical test at the police agencys expense, under WIS. STAT.§ 343.305(5)(a). Kasinski argues that the circuit court erred when it concluded that he did not request an alternative test. We disagree. The record amply supports the circuit courts conclusion that Kasinski expressed a desire that police test his blood, rather than his breath, but did not in reasonably clear terms communicate to the officer that, if he could not have his blood tested first, he nonetheless wanted a blood test administered as an alternative second test. Accordingly, we affirm the circuit court.