An unlawful arrest occurs when a police officer arrests someone without probable cause or without abiding by specific Wisconsin laws and procedures. Operating while intoxicated charges can be dismissed by a judge before trial if the arrest is deemed to be unlawful. Typically, OWI Wisconsin cases are dismissed because of the due diligence of a criminal defense attorney to prove that an arrest was unlawful. Here are a few reasons why an OWI arrest may have been illegal.
You Were Sober
It is against Wisconsin law to operate a motor vehicle with a blood-alcohol level of 0.08% or greater. While an arrest should never be made before a person has been deemed illegally intoxicated, there are instances where it does happen. You might have an unlawful OWI case if you were arrested or stopped while sober.
Inaccurate Sobriety Tests
Police officers use both field sobriety tests and chemical tests to determine if someone is intoxicated. Each test must be administered in a specific manner. If the test is inaccurate or invalid, your arrest may be deemed unlawful. Also, motorists must be read their rights before consenting to a sobriety test.
No Reasonable Suspicion
U.S laws prohibit police officers from performing unreasonable governmental searches and seizures. To make a lawful traffic stop, an officer must have probable cause to believe a driver is intoxicated or reasonable suspicion that a motorist has violated a law. Examples of reasonable suspicion include erratic driving, improper lane changes, and aggressive road behavior. Without reasonable suspicion, the police do not have a right to stop you.
Contact Experienced Wisconsin Criminal Defense Lawyers
Contact Waukesha Criminal Defense today if you believe you were stopped or arrested unlawfully in Wisconsin for OWI. We can review your case and let you know if your OWI Wisconsin charge is lawful. Challenging the legality of your traffic stop could very well lead to the case outcome you are hoping for. Contact us today to set up a consultation.