I was leaving a bar and was going to park my car into a park in ramp. I was in the park in ramp and was trying to get my car to work in the machine to let me in. During that process and officer walked up to my car and asked if I had an issue I explained I was trying to get my card to work. she continued to ask me questions and then stated that she is going to get another officer here to preform a sobriety test. I was in private property and trying to park my car because I had a couple at a bar and decided it was a good ideas to get a cab if I go out more. The officer took me across the road from my car at the park in ramp and into a building with another officer to perform a sobriety test. they arrested me for suspicion for being intoxicated. They did not read me any rights and told me I now need to go to the hospital to get my blood drawn. i was never given an option to decline. My blood was drawn and they stated they wanted me to call people to get me. I went to jail and then got picked up by a friend and brought home. From the beginning I was never pulled over. I have a receipt from the bar for 11 dollars spent--- tried to park my car in private parking and was approached in the parking ramp and was told I needed to do a field sobriety test and was dragged to the PAC in appleton in the middle of everything across the road in private no witnesses to do a sobriety test and then charged. I feel like many of my rights have been violated and I am wrongfully charged. any advise or what should I do?
1 Answer from Attorneys
You should immediately hire an experienced criminal lawyer, since you only have ten days after receiving an OWI ticket in WI to attempt to save your driver's license. Otherwise, it will automatically be suspended for six months by the DMV, in addition to additional revocation which the judge might impose later. You might also have a good case for challenging probably cause for your arrest. While there is not duty is a civil first offense OWI to read you your rights, in criminal OWI's (2nd or later offense) there is a duty to Mirandise you before you are interrogated after your arrest. The Miranda rule does not always apply to the initial detention,however, since you technically are not yet in custody at that point. While you were never pulled over, you temporary detention at the parking garage is still considered an arrest which would trigger these duties.
I am not your attorney yet due to answering here, but you may contact my Racine office at 262-633-3090, or see me on the web at www.jayknixonlaw.com with further questions or to make arrangements for additional assistance. See my past AVVO answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. See over 15 years of my previous answers to consumer questions at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney answers may contain advertising materials.
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