Legal Question in DUI Law in Wisconsin

Made lefthand turn onto a 45mph highway. Saw there were two squads behind a stopped vehicle. All vehicles were parked at white line. Upon my approach, saw no doors of any vehicle were open. I moved over into oncoming traffic lane. Oncoming traffic did not allow for me to remain in oncoming traffic lane away from stopped police. After the other vehicle and I passed each other, the front of my vehicle was nearly in line with the front police vehicle. Last minute noticed there was an officer walking towards the road, stepping past the white line and moved away from my vehicle as I passed. Was never able to see officer in front of parked squads and was not able to see much past the emergency lights. Was immediately pulled over on grounds of endangering officer. Field sobriety test was given. Eye test, I never moves my head and had steady eyes. Prior to walk the line test I attempted to ask officer if I could remove my large hunting boots prior to taking that portion of test. My question was interrupted by officer and I proceeded with test. I took lift foot test. Afterwards I was asked to take the breathalyzer test. I attempted to ask for further information about the test. Again, my question was interrupted by the officer. I refused the breathalyzer test and proceeded willingly with a blood draw at hospital. Charged with dui for failing eye test and walk line test. Do I have a case against this dui?


Asked on 2/04/16, 4:44 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Crowding officers while they are stopped for another vehicle is always a bad idea (to say nothing of illegal); so you should just pull over and stop until traffic clears if other traffic will not allow you to pass them in the outer lane, or at least at a safe distance (probably at least a large car width or two). My guess would be that this violation probably would be adequate suspicion to detain you, at least for a warning, but once they smell alcohol, the case is more or less over for you, since nobody in history has ever passed their field tests, even if sober. Be aware that you only have ten days to fight the refusal. Regardless of your later cooperation, the presence of an uncontested refusal will lead to longer license loss as well as a mandatory IID installation, regardless of whether or not the blood test exceeds .15 BAC. This will all happen to you even if you manage to get a "not guilty" verdict or dismissal of the underlying OWI.

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Answered on 2/06/16, 6:34 am


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