Legal Question in DUI Law in Wisconsin

.06 Test Tesult, Drunk Driving OWI 1st, Field Sobriety Tests

I do not have enough information to intelligently advise you here. You do not state which of your two test results is your final "official" result. The PBT (preliminary breath test) field results are not useable in court except for probably cause to arrest, so if your first test was a PBT and your second at the station was a .06, your may have a good case to fight. Tests below the .08 threshold are not entitled to any presumption of guilt, so the government would have to prove impairment in order to get a conviction. As a practical matter, test results below the limits often never get to trial--a deal is often offered. Field sobriety tests, in my opinion, are too difficult to be of any evidentiary use because even sober drivers cannot pass them in such a high stress situations as a roadside stop. Your witnesses who observed the test are probably not qualified to assess your performance unless they are police officers--odds are that you technically failed. A better challenge to OWI prosecutions is the probably cause for the initial stop, since many officers tend to be trigger happy in pulling folks over late at night without a good reason. More and more of these stops are therefore being thrown out by the courts, meaning that the defendant wins. You need to hire an experienced criminal/traffic attorney as soon as possible.