Motor Vehicles – OWI – arrest – transport — hazardous weather

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Wisconsin Court of Appeals

Criminal

Motor Vehicles

OWI; arrest; transport; hazardous weather

Daniel R. Doyle appeals a judgment of conviction for operating a motor vehicle while intoxicated (OWI), second offense, pursuant to Wis. Stat. § 346.63(1)(a) (2009-10), and a circuit court order denying his motion to suppress evidence. On appeal, Doyle contends that the police transport of him to the nearest police department for purposes of conducting field sobriety tests converted a lawful Terry detention into an illegal custodial arrest. He also contends questions the deputy asked him during the transport to the police department constituted an unlawful custodial interrogation without required Miranda warnings. We reject Doyle’s arguments and affirm the judgment and order. This opinion will not be published.

2010AP2466-CR State v. Doyle

Dist IV, Green County, Vale, J., Higginbotham, J.

Attorneys: For Appellant: Orth, John C., Middleton; For Respondent: Kohl, Jeffrey D., Monroe; Weber, Gregory M., Madison