Motor Vehicles – OWI — probable cause

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — probable cause

Steven Koehn appeals a judgment of the circuit court finding him guilty of operating a motor vehicle while under the influence of an intoxicant, as a first offense, and operating a motor vehicle with a prohibited alcohol concentration. Koehn argues that the circuit court erred when it denied his motion to suppress evidence of intoxication. Koehn contends that the arresting deputy lacked the probable cause required to administer a preliminary breath test pursuant to Wis. Stat. § 343.303, and that, without the test result, the deputy did not have probable cause to arrest Koehn. I agree with the circuit court that the deputy did have the requisite level of probable cause to request a preliminary breath test and, therefore, had probable cause to arrest Koehn. I affirm the decision of the circuit court. This opinion will not be published.

2012AP1718 Dane County v. Koehn

Dist IV, Dane County, Ehlke, J., Lundsten, P.J.

Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Otis, Nathan, Madison