Motor Vehicles – OWI — expert testimony

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — expert testimony

In this case, James W. Warren claims that the arresting officer’s opinions based on how he performed during field sobriety tests amounted to expert scientific opinion and the Daubert rule applies. He asserts that, because no foundation was laid as to the police officer’s expertise regarding these field tests, the resulting evidence should not have been admitted. But that is not the law in Wisconsin. A law officer uses these tests merely as a subjective tool by which to measure whether he or she believes there is probable cause to arrest for operating a vehicle while intoxicated. The case law explicitly says that this is not science based. We affirm. This opinion will not be published in the official reports.

2012AP1727-CR State v. Warren

Dist II, Fond du Lac County, Grimm, J., Brown, C.J.

Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Mortier, Scot T., Fond du Lac; Weber, Gregory M., Madison