On April 24, 1978, Edward G. Welsh (defendant) was seen driving erratically. Welsh pulled off the road into an open field and walked home. When police arrived, a witness described Welsh as either drunk or sick. The officer checked the car’s registration and learned that Welsh lived nearby. At about 9:00 p.m., the officer arrived at Welsh’s house and was let in by Welsh’s stepdaughter. The officer found Welsh naked in bed and placed him under arrest for driving while intoxicated. At the station, Welsh refused to take a breathalyzer test, which was required under Wisconsin law for anyone arrested for driving while intoxicated.