Here’s a question. You’ve been pulled over on suspicion of drunk driving. The officer has asked you if you’ve been drinking and asked you to step out of your car. What’s coming next is a series of tests to determine whether you are impaired, right? Wrong. The officer, in most cases, has already decided you are intoxicated and is gathering evidence against you to use in court. So the big question is whether you should provide him with that evidence by performing the tests. In short, the answer is unfortunately, yes. In Wisconsin, if you refuse to complete the field tests the officer is deemed to have probable cause to arrest you whether you are impaired or not.
You are probably asking yourself why comply with the testing if your arrest is a foregone conclusion? Many defense lawyers take the position that once you are out of the car, you are far more likely to take a ride in the back of a police car in handcuffs than to be sent on your merry way. However, while you may be arrested, a good lawyer can mount a defense through careful cross examination on the issue of police procedures during the course of your arrest. If you refuse, there is nothing to work with. It will be assumed that the arrest is valid.
If you drink, don’t drive. If you are stopped on suspicion of drunk driving, take the tests and then call an experienced dui attorney.
Call me with your questions. (262) 569-8300