Motor Vehicles – OWI — reasonable suspicion — probable cause

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Motor Vehicles – OWI — reasonable suspicion — probable cause

Andrew C. Wheaton appeals (1) a final judgment of conviction for operating while intoxicated (OWI)-3rd offense and (2) an order of revocation for unreasonable refusal to provide a sample of his breath, blood, or urine. The OWI and the refusal arise out of the same set of interactions between Wheaton and a Wisconsin State Patrol trooper after a warrantless traffic stop near Tomah.

Wheaton argues on appeal that the circuit court erred in concluding that: (1) there was reasonable suspicion to justify the traffic stop; and (2) there was probable cause to believe that Wheaton was operating while intoxicated at the time the trooper requested a preliminary breath test (PBT). However, regarding the second purported issue, what was preserved for appeal is an argument that the trooper lacked probable cause to arrest Wheaton for OWI, and therefore that is the issue this court addresses. For the reasons provided below, this court concludes that the trooper had reasonable suspicion to justify the stop and also had probable cause to arrest Wheaton for OWI.

Accordingly, this court affirms. This opinion will not be published.

2011AP1928, 2012AP73-CR In the matter of the refusal of Andrew Wheaton

Dist IV, Monroe County, Rice, J., Blanchard, J.

Attorneys: For Appellant: Wood, Tracey A., Madison; For Respondent: Weber, Gregory M., Madison; Rindal, Peter J., Sparta

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