2010AP862 City of Oshkosh v. Selquist

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Motor Vehicles
OWI; reasonable suspicion

Richard A. Selquist appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC) of .10 or greater, a violation of Wis. Stat. § 346.63(1)(b). Selquist raises only one issue on appeal, that the circuit court erred in denying his motion to suppress evidence on grounds that the officer lacked the requisite level of suspicion to continue the detention of Selquist by requesting that he perform field sobriety tests. Selquist’s initial contact with the arresting officer occurred in the context of an accident investigation in which Selquist was involved, but not at fault. We conclude that Selquist’s admission to drinking and the odor of alcohol on his breath and slurred speech observed by the responding officer during the accident investigation gave rise to reasonable suspicion warranting further investigation through the administration of field sobriety tests. Because the totality of the circumstances supports a finding that the officer had reasonable suspicion to administer field sobriety tests, we uphold the circuit court’s order denying Selquist’s motion to suppress and affirm the judgment. This opinion will not be published.

2010AP862 City of Oshkosh v. Selquist

Dist II, Winnebago County, Seifert, J., Neubauer, P.J.

Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Priebe, Bradley J., Appleton

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