What Are My Rights During a DUI Traffic Stop in Wisconsin?

 Posted on August 12, 2019 in DUI/OWI

Getting pulled over by a police officer for any reason is an intimidating experience. When you are stopped because an officer suspects you may be driving while you are intoxicated, it can be even more nerve-wracking. Experiments have shown that most people will obey commands from law enforcement just because the police officer is wearing a uniform, but not every command from a police officer must be followed. In certain situations, you have the right to refuse commands, which can sometimes benefit the outcome of your case. It is important to understand your rights if you are pulled over on suspicion of operating a vehicle while intoxicated (OWI) in Wisconsin. 

Right to Remain Silent

The United States Constitution states that all American citizens have the right against self-incrimination. This means you have the right to remain silent and not answer police questions when you are stopped for a traffic violation. One of the most common questions that officers ask when they stop someone is, “Do you know why I pulled you over?” If you answer yes to that question, you are basically admitting your guilt. The best thing to do is to reply to that question with, “No, officer, I do not know.”

Right to Avoid Searches Without a Warrant

Another right you have is to refuse a vehicle search. Sometimes officers will request to search your vehicle. If this is the case, you do not have to allow it. To legally search your vehicle, the officer must have “probable cause.” Probable cause is any evidence or facts that would lead the officer to believe you may be involved in illegal activity. Establishing probable cause can be very subjective, so challenging an illegal search and seizure may be possible.

Right to Refuse a Chemical Test

If an officer believes you are driving while under the influence, he or she will likely ask you to complete a chemical test to determine your blood alcohol content (BAC). Technically, you do not have to submit to this chemical test. However, refusing a chemical test will result in rather severe consequences. For refusing a chemical test the first time, your license will be revoked for one year and you will be required to have an ignition interlock device installed on your vehicle for at least one year.

Contact a Waukesha County OWI Defense Lawyer

If you have been pulled over by a police officer because he or she suspected you were driving while under the influence, you could be facing serious consequences, even if you are not convicted of OWI. If you have been stopped by law enforcement, you should contact a knowledgeable Milwaukee, WI drunk driving defense attorney right away. At the Bucher Law Group, LLC, we can help you fight an OWI charge by providing you with efficient legal representation. Call our office today at 262-303-4916 to schedule a free consultation.

Sources:

https://riskology.co/traffic-stop/

https://www.rewire.org/living/pulled-over-police-rights-aclu/

https://www.flexyourrights.org/faqs/when-can-police-search-your-car/

https://wisconsindot.gov/Documents/safety/education/drunk-drv/owi-penchrt.pdf