A recent Wisconsin Court of Appeals decision provides important insights into what constitutes probable cause for an Operating While Intoxicated (OWI) arrest. As criminal defense attorneys, we frequently see cases where the legitimacy of an OWI arrest is questioned. This new decision helps clarify when police officers have sufficient grounds to make an arrest.
Case Background
In City of Delafield v. Office, the Wisconsin Court of Appeals reviewed a case where a driver challenged his OWI arrest, arguing that police lacked probable cause. The incident occurred during a late-night traffic stop when the defendant was initially pulled over for speeding.
Key Factors in the Court’s Decision
The court identified several circumstances that, when combined, justified probable cause for the OWI arrest:
- Time of the incident (2:00 AM)
- Erratic driving behavior (speeding followed by dramatic slowdown)
- Unusual stopping location (median shoulder instead of right shoulder)
- Odor of alcohol
- Slurred speech
- Uncooperative behavior with law enforcement
Important Takeaways for Wisconsin Residents
This decision reinforces several crucial points about OWI investigations in Wisconsin:
- Multiple Factors Matter: No single factor typically determines probable cause. Courts look at the totality of circumstances.
- Behavior Patterns: Law enforcement and the courts will evaluate the behavior patterns for inferences of intoxication.
- Field Sobriety Tests: While refusing these tests is your right, such refusal can be considered as evidence supporting probable cause.
What This Means for Your Rights
It’s important to understand that probable cause doesn’t require concrete proof of intoxication. As the court noted, officers need only believe that guilt is “more than a possibility.” However, this standard must be based on specific, articulable facts – not mere hunches or assumptions.
Protecting Your Rights
If you’re facing an OWI charge in Southern Wisconsin, understanding these legal standards is crucial. While this case affirmed the officer’s probable cause determination, every situation is unique and deserves careful legal scrutiny.
Yes. Erratic driving is just one factor that police consider when determining probable cause for an OWI arrest. Other factors, such as time of night, odor of alcohol, slurred speech, or unusual stopping behavior, can also contribute to an officer’s decision to arrest. Courts look at the totality of circumstances rather than relying on a single factor.
Yes. While you have the right to refuse field sobriety tests, Wisconsin courts have ruled that refusal can be used as evidence supporting probable cause for an OWI arrest. However, refusing a preliminary breath test (PBT) is not admissible in court, but it can still influence an officer’s decision to arrest.
If you believe police did not have probable cause for your OWI arrest, contact an experienced OWI defense attorney immediately. A skilled lawyer can review the details of your case, challenge any questionable evidence, and determine if your rights were violated. Challenging probable cause can lead to case dismissals or reduced charges in some instances.