In State v. McClain, 2024AP32-CR (Wis. Ct. App. Apr. 3, 2024), the Wisconsin Court of Appeals offered valuable insight into how and when law enforcement can lawfully extend a traffic stop. The case reaffirms that even after an initial justification for a stop has concluded, officers may prolong the detention if new facts emerge that support reasonable suspicion of other offenses—particularly Operating While Intoxicated (OWI).
As Wisconsin law requires strict compliance with Fourth Amendment protections against unreasonable searches and seizures, McClain illustrates how courts evaluate the totality of the circumstances when determining whether prolonging a stop is constitutional.
Case Background: The Facts of McClain
The incident began with a routine traffic stop around 2:00 a.m. in West Allis, Wisconsin. Police stopped McClain for a defective driver-side brake light and observed his vehicle drift over the center line twice. While speaking with McClain, officers noticed he had bloodshot eyes and smelled of alcohol. They also learned that McClain had a prior OWI conviction.
Based on these observations, officers extended the traffic stop to investigate for impaired driving. They conducted field sobriety tests, which McClain allegedly failed, leading to his arrest for OWI 2nd Offense.
Legal Issue: Was the Extension of the Stop Lawful?
McClain moved to suppress evidence, arguing that law enforcement unlawfully extended the stop beyond its initial justification (the defective brake light and lane deviation). The trial court denied the motion, and McClain appealed.
The Court of Appeals affirmed the denial, finding that the officers had reasonable suspicion to extend the stop.
Key Takeaways from the Court’s Reasoning
1. Initial Stop Was Justified
The initial stop was lawful due to the equipment violation and observed lane deviations. This aligns with prior Wisconsin rulings that even minor infractions can justify a traffic stop.
2. Reasonable Suspicion Can Develop During a Stop
The court emphasized that officers are not limited to their original reason for a stop. If new facts emerge—like the smell of alcohol, time of night, and the driver’s history—officers can reasonably investigate further. In McClain, these factors combined to support suspicion of OWI.
For more on how traffic stops evolve into OWI investigations, visit our Wisconsin OWI Defense page.
3. Prior OWI Conviction Is a Relevant Factor
The opinion specifically notes that McClain’s prior OWI contributed to reasonable suspicion. This is consistent with State v. Colstad, 260 Wis. 2d 406 (Ct. App. 2003), where prior alcohol-related offenses were considered relevant in evaluating suspicion of intoxicated driving.
4. Totality of Circumstances Controls
The court reiterated that reasonable suspicion is not based on any one fact but on the totality of the circumstances. Time of day, driving behavior, physical appearance, and the officer’s training all factor into the analysis.
Legal Implications for OWI Defendants in Wisconsin
The decision in McClain underscores how easily a minor traffic infraction can escalate into an OWI investigation. Defendants should be aware that even non-erratic driving at night—paired with minimal signs of intoxication—can lead to prolonged stops and field sobriety testing.
If you’ve been charged with OWI in Wisconsin, especially after a traffic stop involving a minor violation, you should consult with an experienced attorney who understands how to challenge the legality of an extended detention.
Facing OWI Charges in Wisconsin? DK Anderson, S.C. Can Help
Our firm specializes in defending against OWI charges, from first offense OWI to felony OWI cases. We routinely challenge the legality of traffic stops, field sobriety tests, and chemical test results.
If your stop was extended due to observations like those in McClain, we’ll investigate whether those factors truly supported reasonable suspicion or if your constitutional rights were violated.
Call DK Anderson, S.C. Today for a Free Consultation
If you’ve been arrested following a traffic stop in Wisconsin, time is critical. The state builds its case quickly—but so can we. At DK Anderson, S.C., we bring aggressive, experienced representation to every OWI case.
Schedule your free consultation today and start building your defense – (608) 204-5807
FAQs: Understanding Traffic Stops and OWI Investigations in Wisconsin
Not by itself. Time of day can contribute to reasonable suspicion, but it must be combined with other factors—such as erratic driving, odor of alcohol, or physical signs of impairment.
No, but it can be a relevant factor when combined with other indicators like the smell of alcohol or bloodshot eyes.
Contact an experienced Madison OWI attorney immediately. Your attorney can file a motion to suppress evidence if the extension lacked legal justification.
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