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County of Jefferson v. Renz12/22/1999
regarding the HGN test on the grounds that the testimony was not admissible without independent expert testimony establishing the validity of the test. Nonetheless, the judge held that the officer had the requisite amount of probable cause to request the PBT. He explained that the definition of "probable cause" varies in relation to the liberty interests involved at the various stages of governmental interaction with the accused. The judge concluded that the officer had sufficient probable cause for the purpose of continuing the investigation by requesting the PBT.
. The court of appeals reversed, concluding that the legislature intended that an officer must have probable cause to arrest a person for violation of the relevant laws before requesting a PBT, and that before administering the PBT, the officer lacked probable cause to arrest the defendant.
II.
. We now consider the petitioner Jefferson County's argument that the level of probable cause required before an officer may request a PBT under Wis. Stat. § 343.303 is a lesser amount of proof than probable cause for arrest. The case turns on interpretation of the first sentence of § 343.303, which states that " f a law enforcement officer has probable cause to believe that the person is violating or has violated s. 346.63(1) . . . ," the officer, prior to an arrest, may request the person to provide a PBT.
. The court of appeals held that the legislature intended by this language to require an officer to have probable cause to arrest before requesting a PBT. Renz, 222 Wis. 2d at 443. The court based this holding in part on its conclusion that case law so clearly defines "probable cause" in this context to mean "probable cause to arrest," that the legislature would have indicated if it intended some other standard to apply. Id. The court also concluded that legislative history supports this interpretation. Id.
. The petitioner argues that this interpretation is contrary to the intent of the legislature and cannot be reconciled with the rest of Wis. Stat. § 343.303. In support of this argument, the petitioner insists that under this interpretation other provisions of the statute do not make sense and points to case law establishing that "probable cause" refers to different degrees of proof at different stages of the proceedings.
. Statutory interpretation is a question of law that we review de novo. State v. Setagord, 211 Wis. 2d 397, 405-06, 565 N.W.2d 506 (1997); Lake City Corp. v. City of Mequon, 207 Wis. 2d 155, 162, 558 N.W.2d 100 (1997). The objective of statutory interpretation is to discern and give effect to the intent of the legislature. Lake City, 207 Wis. 2d at 162. To do so, we look first to the plain language of the statute. Id. When the statutory language clearly and unambiguously sets forth the legislative intent, we may not look beyond the language to determine its meaning. Id. at 163. However, if the statutory language is ambiguous or unclear, we may examine the statute's history, scope, context, subject matter, and objective in our efforts to ascertain the legislative intent. Id.
. With these principles in mind, we examine the language of Wis. Stat. § 343.303. A statute is ambiguous when it is capable of being understood in two or more different senses by reasonably well-informed persons. Setagord, 211 Wis. 2d at 406; State ex rel. Neelen v. Lucas, 24 Wis. 2d 262, 267, 128 N.W.2d 425 (1964). The provision at issue in this case is the language in the first sentence of the statute requiring a law enforcement officer to have "probable cause to believe" that a person has violated the law before requesting a PBT. As the court of appeals noted, this sentenc
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