What Rights Do I Have if I Am Pulled Over For OWI in Wisconsin?

 Posted on May 14, 2021 in DUI/OWI

Many adults like to enjoy an alcoholic beverage or two when they spend time with friends or go out to eat. However, those beverages could get you into trouble if you are not careful. In all 50 states, it is illegal to drive under the influence of drugs or alcohol. In Wisconsin, OWI penalties can be expensive, especially if you have to pay other costs, like for an ignition interlock device (IID). During a traffic stop, police officers will constantly be looking for evidence or anything that can prove that you were, in fact, driving while you were intoxicated. If you are pulled over for OWI, you should know that you have rights.

Rights During an OWI Traffic Stop

While you may feel helpless when you are pulled over by police, it is important to realize that you do have rights that you can exercise that may protect you if you are charged. Some of the most important rights include:

• Right to Remain Silent: Even during a traffic stop, you have the right to remain silent. The only information that you are required to give to the police is your identification. You do not have to answer questions about what you have been doing and where you are heading. If you wish to invoke this right, you should inform the officer.

• Right to Refuse Field Sobriety Testing: In most cases, police officers who suspect a drunk driver will conduct multiple field sobriety tests to help establish evidence against you. You have the right to refuse sobriety testing, but only if you are not under arrest. If you refuse to take a breathalyzer test after being arrested, you could face up to a year with a suspended license.

• Right to a Legal Search of Your Vehicle: Officers may also want to search your vehicle during a traffic stop. If they ask for your permission to perform a search, you do not have to agree. If you do not give them permission, they cannot legally search your car or use anything they find in your vehicle as evidence, unless they have obtained a search warrant or they can establish that they had probable cause to perform the search.

• Right to an Attorney: As in other criminal cases, you have the right to an attorney if you are arrested for OWI. To invoke this right, you should inform the police that you do not wish to talk to them unless your attorney is present.

Contact a Jefferson County OWI Defense Attorney Today

Being pulled over because you are suspected of driving under the influence of alcohol or drugs can be a scary experience. At Bucher Law Group, LLC, we can help you form a defense against OWI charges. In many cases, a first-offense conviction does not result in jail time, but the penalties get more severe as the circumstances change. To schedule a free consultation with our skilled Wisconsin OWI defense lawyer, call our office today at 262-303-4916.

Sources:

https://www.motorists.org/issues/dui/traffic-stop/

https://www.aclu.org/know-your-rights/stopped-by-police/