Why This Case Matters for Anyone Facing OWI Charges in Wisconsin
In State v. Alex Mark Hagen, the Wisconsin Court of Appeals recently reversed a circuit court decision that had suppressed evidence obtained during an OWI traffic stop. The ruling—issued on March 6, 2025—clarifies what observations can justify extending a traffic stop to conduct field sobriety tests. This case is especially relevant for drivers charged with OWI offenses in Dane, Rock, Green, or La Crosse Counties, and highlights the importance of how “reasonable suspicion” is evaluated.
Background: What Happened in the Hagen Case?
Officer Charles Fah of the Holmen Police Department pulled over Hagen after witnessing him roll through a stop sign. During the stop, Officer Fah observed:
• A strong odor of intoxicants coming from the vehicle
• Hagen’s movement toward the center console, which Fah viewed as suspicious
• An open box of beer in the car
These factors led Officer Fah to extend the traffic stop and administer field sobriety tests, which resulted in OWI charges against Hagen—his second offense.
The Suppression Motion and Initial Ruling
Hagen’s defense attorney filed a motion to suppress, arguing that Officer Fah lacked reasonable suspicion to extend the stop beyond the traffic violation. The La Crosse County Circuit Court agreed and ruled that the extension was unconstitutional. All evidence gathered after the prolonged stop was suppressed.
Learn more about how we challenge motions to suppress OWI evidence.
Court of Appeals Reversal: Key Legal Takeaways
On appeal, the Wisconsin Court of Appeals reversed the suppression ruling. In its decision, the court emphasized the “totality of the circumstances” test, which allows officers to consider a combination of facts—even if each individual fact seems minor.
Here’s what the appellate court found persuasive:
• Failure to stop at a stop sign suggested potential impairment
• Movements toward the console raised safety and drug/alcohol suspicion
• Odor of alcohol supported concern for intoxication
• Presence of an open beer box reinforced the suspicion
Together, these observations were sufficient to create reasonable suspicion of OWI, thus justifying the extension of the stop.
What This Means for Drivers Charged with OWI in Wisconsin
This case reinforces several important legal points:
• Multiple small factors can combine to justify further investigation
• Movements, behavior, and smells inside the vehicle can be legally significant
• A simple traffic stop can quickly escalate if officers observe certain signs of impairment
For anyone charged with OWI—particularly second or subsequent offenses—this decision underscores how important it is to analyze the officer’s report, body cam footage, and testimony in detail. A valid traffic stop doesn’t automatically give police the right to conduct a sobriety investigation—but if they can articulate enough suspicion, courts may side with the State.
Defending Against OWI Charges After a Stop Extension
If you’ve been charged with OWI after a traffic stop, we examine the following in every case:
• Was the initial traffic stop legally justified?
• Did the officer observe specific, articulable facts that support an extension?
• Were field sobriety or chemical tests conducted in accordance with proper procedure?
• Is there dash cam or body cam footage that contradicts the officer’s version of events?
Even if your case seems like an uphill battle, a skilled attorney may find procedural violations or lack of reasonable suspicion to challenge the stop.
Facing OWI Charges? DK Anderson, S.C. Can Help
At DK Anderson, S.C., we bring strategic, aggressive defense to every OWI case—from first offenses to felonies. We stay up to date on Wisconsin appellate decisions like State v. Hagen to ensure every client benefits from the most current legal arguments.
Charged in Madison, Monroe, Janesville, Baraboo, or another part of southern Wisconsin? Let us review your case for free.
Learn more about our OWI defense strategies in Wisconsin or what to expect after a second OWI offense.
Contact DK Anderson, S.C. Today
📍 Office: 411 West Main St. Madison, WI 53703
Our Practice Areas
Drunk Driving
Whether you are charged with a first offense, or a fifth offense, our Wisconsin OWI attorneys can help.
Violent Crimes
A conviction for any one of Wisconsin's violent crimes will have significant consequences.
Drug Charges
Our Wisconsin Drug charge attorneys know the law and how to apply that law in the court room.
Domestic Violence
A conviction for a domestic violence charge in Wisconsin has additional consequences.
Property Crimes
Wisconsin property crimes include theft, forgery, and criminal damage to property.
Sex Offenses
Not much will change your life like a conviction for one of Wisconsin's sex offense charges.
Traffic Citations
Although less serious than a criminal charge, a traffic citation can effect your driver's license.