Everybody makes mistakes, and police officers are no different.

Law enforcement follows very strict procedures and a quick look at case records would reveal countless instances of police cutting corners, making hasty decisions and errors that can violate your rights as a citizen. 

This is especially true when it comes to drunk driving/OWI/DUI in Wisconsin. When mistakes are made, they can often be turned into effective defenses that can ultimately get your charged reduced or dismissed completely.

If you’ve been arrested and charged for OWI in Wisconsin and believe mistakes were made by police, here are some common mistakes made by police during an OWI investigation and/or arrest:

1. Unlawful traffic stop/unlawful arrest

For a traffic stop to be legal, the officer must be able to articulate facts indicating “reasonable suspicion” that you were committing a violation. Without a reasonable suspicion, the defense can file a motion to suppress any evidence obtained during the illegal stop and likely dismiss the case outright.

Similarly, police must have probable cause to make a valid arrest. Without probable cause, a motion to suppress can proceed.

2. Failing to properly give a Field Sobriety Test or Breath Test

There is a huge margin for error when it comes to properly administering an FST or breath test.

Police must give these tests in accordance with specific guidelines defined by the NHTSA, and apart from errors made by officers themselves, there are a number of environmental and situational factors that can lead to a problematic test.

If you believe you were given a test improperly by police, it’s crucial to contact an experienced Madison DUI lawyer to learn more about the details of your case and what it could mean for your defense strategy.

3. Incomplete or inaccurate OWI arrest report

In Wisconsin, officers are required to write detailed and accurate reports after each investigation and arrest. Depending on the officer and/or the situation, it’s not uncommon for officers to skip taking notes, which can lead to incomplete or inaccurate reports.

There could be a glaring inconsistency between the officer’s report and testimony. They might have failed to check boxes. There may be an indication in the report that demonstrates the officer is making overstated claims.

Experienced Madison criminal defense lawyers can review and spot these mistakes and use them to cast doubt on the officer’s reliability and credibility in court. 

4. Stopping a vehicle based solely on an anonymous 911 call

This is a very heated area of drunk driving law at the moment. As it stands today, officers cannot stop a vehicle based on an anonymous 911 call without also observing a reason to make a stop themselves.

Without more information or observable evidence, an anonymous call or complaint is not enough to warrant a stop.

5. Arriving unprepared to a hearing

Hearings for Wisconsin OWI cases can determine which evidence can be used against you at a trial. Officers can often underestimate the importance of these hearings and not prepare themselves adequately for court. When this happens, an experienced Madison DUI lawyer can often get the case dismissed before it starts.

OWI Defense Success Story

Case Victory: Three Consecutive OWI/PAC 5th/6th Victories in One Month

Attorney Stangl of Stangl Law Offices, S.C. achieved three (3) back-to-back OWI 5th/6th victories within a one-month period in May-June 2023 thereby saving his clients from mandatory prison sentences. In State v. Shirikian, 2023 WI App. 13 the Court of Appeals held that the sentencing language for a 5th/6th OWI/PAC offense requires the sentencing court to impose a mandatory prison sentence upon conviction. Even if the sentencing court wanted to impose a non-prison sentence, they do not have the discretion or authority to do so under the current penalty structure for the offense and this decision.

In the first case Attorney Stangl successfully argued that one of his client’s prior convictions could not be counted because he was not properly advised of his right to counsel in a previous case and that the record did not demonstrate a free and voluntary waiver of his 6th amendment right to counsel. After investigating and researching the issue, Attorney Stangl brought a motion challenging the uncounseled conviction and after an evidentiary hearing the trial court agreed that the prior conviction could not be counted, thereby reducing the 5th/6th offense to non-mandatory prison charges.

Approximately 2 weeks later, in a different case, Attorney Stangl previously argued to the court that the arresting officer did not have a sufficient legal reason or probable cause to arrest his client on a 5th/6th OWI/PAC. After the evidentiary hearing and briefing by the parties the court issued a very thorough and analytical oral decision granting the defendant’s Motion to Dismiss and the case against his client was dismissed.

Within two weeks after the 2nd consecutive OWI/PAC 5th/6th victory Attorney Stangl secured his 3rd consecutive OWI/PAC 5th/6th victory within (1) one month with the dismissal by the State of charges during a preliminary hearing. At the preliminary hearing it was clear that the arresting officer testified falsely about the alleged events including his client’s performance on the field sobriety test (FST’s) when in fact his client never submitted to the FST’s. Once the State realized the major problem with the officer’s perjured testimony it moved for immediate dismissal of all the charges. His client will not be re-charged.

If you’ve been charged with OWI in Wisconsin and believe mistakes were made by police during the investigation and/or arrest, contact Attorney Patrick Stangl today for a free consultation.