When a person is pulled over for driving drunk in Wisconsin, law enforcement officials have certain tests and methods that are used to determine if the individual truly is driving under the influence or if there is some other problem. In most OWI cases, a blood sample will be taken from the person, and then tested to determine if the level of alcohol within the blood is enough to justify an arrest, or if the person was within the lines of the law while driving.
Under Wisconsin law, a blood sample that is taken after an arrest for drunk driving is not allowed in court if the sample was taken more than three hours after the arrest. A man who was pulled over for driving erratically recently invoked a new law, possibly to stop officials from obtaining evidence against him. The man refused to give a blood sample, and the officer who pulled him over was required to get a search warrant before the blood could be drawn.
The law enforcement official who pulled the man over was forced to contact a judge quickly in order to gain permission to draw the man’s blood. Rather than leaving the man in the care of the hospital, the officer simply obtained permission over the phone.
When a person is pulled over for driving while intoxicated, it’s important that they know their rights. Because laws are regularly changed and new laws are constantly being put into action, any person who is pulled over for an OUI offense may benefit from asking for an attorney before giving away any information that may impact them in the future.
Source: The Chippewa Herald, “Eau Claire man becomes first impacted by new OWI ruling,” Rod Stetzer, April 30, 2013