I don't know why I've suddenly become interested in this story, but I am. AvWeb did not update the story today (or at least hasn't yet) as the editor said they would today. So I did something highly unusual -- I picked up the phone and called the Winnebago County District Attorney. No luck. I got voicemail.
Kansas.com reports Wagstaff is still scheduled to perform there this week.
Wagstaff says she wasn't given a test at the scene of the alleged incident in Oshkosh. But what wasn't clear is if she was asked to take one, but refused. If it's the latter, that has some significant consequences for pilots.
Under Part 61, she can have her pilot's certificate suspended.
Update - The DA's office never called me back (Wisconsin stateworkers, you know.) But AvWeb confirms my suspicions. The reason Wagstaff says she wasn't given a sobriety test is because she refused a sobriety test.