The Wisconsin Court of Appeals has upheld a 12-month revocation of Frederick Ronald Schwenck's driving privileges after he refused to submit to a chemical test under the state's implied consent law. This ruling, issued on October 29, 2026, affects Schwenck and could influence similar cases involving operating while intoxicated (OWI) in Wisconsin.

The case arose after a citizen reported a pickup truck being driven dangerously, leading to Schwenck's arrest by a state trooper. The court's decision confirms that law enforcement acted within their rights when they detained Schwenck for field sobriety tests, which ultimately led to his refusal to take a blood test.

Background

Frederick Schwenck was the defendant in this case, while the State of Wisconsin served as the plaintiff. The dispute began on January 9, 2025, when a citizen reported seeing a black Ford pickup truck swerving on Interstate 39. The citizen followed the truck and noted its erratic driving behavior before it parked at a restaurant in Stevens Point.

The state trooper, acting on the citizen's report, arrived at the scene shortly after and found Schwenck slumped over the center console of the truck. After briefly speaking with Schwenck, the trooper requested that he step out of the vehicle for field sobriety testing, which Schwenck later refused. The state filed a notice of intent to revoke Schwenck's operating privilege, leading to a hearing in October 2025.

The Ruling

The court ruled that Schwenck's refusal to submit to the chemical test was justified based on the trooper's reasonable suspicion of impaired driving. Judge Blanchard noted, "a reasonable officer... would have reasonably suspected that temporary detention of Schwenck... was supported by specific and articulable facts." The court affirmed the circuit court's judgment, stating that the trooper's actions were lawful given the circumstances.

The ruling emphasized the trooper's training and experience in identifying signs of intoxication, as well as the credible report from the citizen. The court found that the combination of Schwenck's slurred speech, the odor of intoxicants, and his slumped position in the vehicle provided sufficient grounds for the trooper to conduct field sobriety tests.

Impact

This ruling has significant implications for future OWI cases in Wisconsin. It reinforces the authority of law enforcement to conduct field sobriety tests when there is reasonable suspicion of impaired driving. The court's decision also clarifies that a citizen's report of dangerous driving can serve as a legitimate basis for a traffic stop and subsequent testing.

Schwenck's case illustrates the importance of the totality of circumstances in determining reasonable suspicion. The court's affirmation of the lower court's ruling may set a precedent for similar cases where drivers refuse chemical tests after being suspected of driving under the influence.

What's Next

Schwenck has the option to appeal this decision to the Wisconsin Supreme Court. Additionally, he faces two other pending traffic charges related to the same incident, which could further complicate his legal situation.