Wisconsin Court of Appeals
Motor Vehicles – OWI — probable cause — field sobriety tests
Matthew Fellinger appeals a judgment of conviction for operating while intoxicated, first offense. Fellinger asserts field sobriety tests constitute a “search” within the meaning of the Fourth Amendment, and, therefore, he argues the quantum of evidence necessary to request a field sobriety test should be probable cause. He also argues the circuit court erred by denying his suppression motion because the officer unlawfully requested he perform field sobriety tests. We affirm. This opinion will not be published.
Dist III, Outagamie County, Krueger, J., Stark, J.
Attorneys: For Appellant: Carroll, John M., Appleton; For Respondent: Teeling, Brenton D., Appleton