2009AP2393-CR State v. Dewitt

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Motor Vehicles
OWI; unreasonable detention

Cody Dewitt appeals the judgment of conviction for operating a motor vehicle while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC) of .08 or more, in violation of Wis. Stat. § 346.63(1)(a) and (b) (2007-08), second offense. He contends that his detention by an off-duty police officer for ninety minutes until the arresting officer arrived was not a de facto arrest supported by probable cause, as the circuit court ruled, but rather was an unreasonably long investigative detention. According to Dewitt, the circuit court therefore erred in denying his motion to suppress evidence. For the reasons we explain below, we conclude that the investigative detention was not unreasonably prolonged, and we affirm on this ground. This opinion will not be published.

2009AP2393-CR State v. Dewitt

Dist IV, Sauk County, Reynolds, J., Vergeront, J.

Attorneys: For Appellant: Hayes, Thomas E., Milwaukee; For Respondent: Weber, Gregory M., Madison; Harper, Jennifer Alleman, Baraboo

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