Motor Vehicles — operating a motorboat while intoxicated — reasonable suspicion — probable cause — sobriety checkpoints

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Wisconsin Court of Appeals

Criminal

Motor Vehicles — operating a motorboat while intoxicated — reasonable suspicion — probable cause — sobriety checkpoints

Javier Teniente appeals a judgment of conviction for operating a motorboat while intoxicated (OWI), as a second offense, in violation of Wis. Stat. § 30.681(1)(a), and for unreasonable refusal to provide a sample of his breath, blood, or urine, as a second offense, in violation of Wis. Stat. § 30.684(5). Teniente argues that the circuit court erred in concluding that: (1) there was reasonable suspicion to justify the stop of his boat; (2) there was probable cause to arrest Teniente for OWI; and (3) the officer did not engage in improper and unlawful conduct by creating a sobriety checkpoint. For the reasons set forth below, we reject Teniente’s arguments and affirm the judgment of conviction. This opinion will not be published.

2013AP799-CR State v. Teniente

Dist IV, Dane County, Ehlke, J., Kloppenburg, J.

Attorneys: For Appellant: Gonzalez, Jason C., Madison; For Respondent: Fallon, Thomas J., Madison; Weber, Gregory M., Madison; Thompson, Emily, Madison; Venker, Gregory S., Madison