By: WISCONSIN LAW JOURNAL STAFF//August 14, 2013//
Wisconsin Court of Appeals
Criminal
Motor Vehicles – OWI — probable cause
This appeal follows Scott Bartelt’s conviction for driving while intoxicated. During his investigation of a bar fight, a village of Butler police officer came to the conclusion that Bartelt should not drive home and offered to give him a ride. Bartelt declined the ride, told the officer he would walk home, and walked away. Not twenty minutes later, back on patrol, the officer saw Bartelt drive by in his truck. Bartelt attempted to flee but was ultimately arrested.
On appeal Bartelt argues that the officer lacked probable cause for the arrest, primarily because the officer did not conduct field sobriety tests. We conclude that in view of the totality of the circumstances, it was quite obvious to the officer that Bartelt was intoxicated, without any need to conduct field sobriety tests. The officer had ample probable cause for the arrest. We affirm. This opinion will not be published.
Dist II, Waukesha County, Domina, J., Brown, C.J.
Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Centinario, Stephen J., Waukesha; Weber, Gregory M., Madison