Legal Question in DUI Law in Wisconsin

Legal rights for owi assessment

Is it legal for the person giving the assessment after a 10year old owi to have you take a breathalizer test? Is it legal for that person to ask you questions about you personal life?


Asked on 5/11/08, 6:44 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Legal Rights for Questions During an OWI-DUI Assessment

Yes, the OWI assessor can delve into your personal life and try to determine the extent of your driking problem. The purpose of a drug and alcohol assessment is to ascertain how serious your problem is, including its possible roots in your personal life. Of course, all government inquiries are governed by constitutional rights of due process as well as protection from various forms of constitutionally prohibited discrimination due to race, religion, political affiliation and various other protected rights. How much a drunk driver is drinking, however, is not one of the protected areas.

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Answered on 5/14/08, 11:43 pm


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