Motor Vehicles – OWI — reasonable suspicion — probable cause

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Wisconsin Court of Appeals

Criminal

Motor Vehicles – OWI — reasonable suspicion — probable cause

Derek Strasen appeals convictions for operating a motor vehicle while intoxicated and operating a motor vehicle with a prohibited alcohol concentration. Two preliminary breath tests (PBTs) were conducted, and everyone agrees that the first PBT result is inadmissible because it was administered without probable cause. Strasen mainly contends that without the first PBT, the officer lacked reasonable suspicion to extend his detention in order to perform field sobriety tests. We conclude that even without the first PBT, the officer had ample suspicion to continue his investigation of whether Strasen was intoxicated. And after the field tests were completed, the officer had probable cause to administer the second PBT. We affirm. This opinion will not be published.

2013AP1523-CR State v. Strasen

Dist II, Manitowoc County, Willis, J., Brown, C.J.

Attorneys: For Appellant: Piel, Walter Arthur, Jr., Milwaukee; For Respondent: Weber, Gregory M., Madison; Prost, Gail A., Manitowoc; LaBre, Jacalyn C., Manitowoc