County of Jefferson v. Renz, 231 Wis.2d 293, 603 N.W.2d 541 (1999), reversing Jefferson Co. v. Renz, 222 Wis. 2d 424, 588 N.W.2d 267 (Ct. App. 1988)
For Renz: Stephen E. Mays.
Issue: Whether an officer is required to have probable cause to arrest before asking a suspect to submit to a preliminary breath test.
Holding: The “overall scheme” allows an officer to use a PBT to determine whether to arrest a suspect, and to establish probable cause for arrest, if challenged. That is, the officer may request a PBT before establishing probable cause for arrest. ¶22. In this case, the defendant consented to the PBT; as a result, the court does not reach the issue of whether probable cause to arrest would be necessary for nonconsensual administration of a PBT. 231 Wis. 2d at 311 n. 14.)
