Legal Question in DUI Law in Wisconsin

OMWI in parking ramp

I was arrested 5/27/2007 in a parking ramp after starting my vehicle, placing it in gear, putting it back in park, turning off the ignition, and then exiting my vehicle. I did not exit the stall because a friend was standing behind me, as well as an officer on foot. After exiting the vehicle the officer gave me a field sobriety test which I failed.

Before entering my vehicle I had asked the same officer to test me with a breathalyzer or any means he could. He refused and said I was free to go. A friend asked the officer to follow me and ensure I didn't drive which he did.

I ended up blowing a .11 at the station.

My question is, can I really be arrested for starting my vehicle in a parking ramp? This situation seems very odd to me, and it doesn't feel like I broke any laws.


Asked on 5/29/07, 11:53 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Re: OMWI in parking ramp

Most caselaw in WI would find this to be "operating" for purposes of drunk driving. Some recent decisions, however, have moved away from that. You should consult an experienced criminal traffic lawyer as soon as possible.

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Answered on 5/29/07, 5:59 pm


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