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Example Of Unlawful OWI Stops In Wisconsin

3 Examples of an Unlawful OWI Stop in Wisconsin

Did you know that it is possible to have undergone an unlawful OWI stop in Wisconsin? If you have been charged with OWI, you should be aware of this possibility and how it may affect your arrest.

What is an Unlawful Arrest?

Unlawful arrests happen when an officer arrests someone without having probable cause or without following Wisconsin state laws and procedures. We do see this happen from time to time with OWI cases. In those situations, the judge may dismiss the case if the defending OWI attorney can prove through due diligence that it was an unlawful arrest. Below we share three examples of an unlawful OWI stop.

3 Examples of an Unlawful OWI Stop

  1. You Weren’t Drunk. The legal limit for blood-alcohol concentration (BAC) levels in WI is .08%. However, if you have three prior convictions, the legal limit is .02%.  It is illegal to drive in the state with a BAC of .08% or higher. If you were stopped and charged with OWI and your BAC was less than .08%, it may be considered an unlawful stop.
  2. The Sobriety Tests Were Invalid. Field sobriety tests and chemical tests are both used by law enforcement officers to determine if a driver was intoxicated or not. However, these tests must be administered in a specific manner, and you must have been read your rights, in order to be valid. If the test is declared invalid, your arrest may be invalid as well.
  3. There Was No Probable Cause or Reasonable Suspicion. The U.S. Constitution protects the public from unreasonable search and seizure by government agents. As it relates to driving violations, the law enforcement officer must have had probable cause, believing the driver was intoxicated and/or had reasonable suspicion that a violation of the law was committed, in order to pull you over. If they did not have this probable cause, it may have been an unlawful stop.

Are You Facing OWI in Wisconsin? Contact Eisenberg Law For Help

If you are facing an OWI and have questions about the charges against you or wonder if you are doing all you can to present your best defense, contact Eisenberg Law Offices for a free case review. We will review the facts of your case to determine if the stop was unlawful or if you have any unexplored defense options.

Learn more about our services and how we can help you by calling 608-256-8356 or emailing