OWI – Probably Cause

By: Derek Hawkins//March 13, 2019//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Michael R. Pace

Case No.: 2018AP1428

Officials: NEUBAUER, C.J.

Focus: OWI – Probably Cause

Michael R. Pace appeals from an order determining that his refusal to submit to a chemical test for blood alcohol content was unlawful. He asserts there was no probable cause to arrest him for operating a vehicle while under the influence of an intoxicant (OWI), thereby making his refusal lawful. We disagree and affirm, as the totality of the circumstances— excessive speed, lane deviation, red, bloodshot eyes, odor of alcohol, and failure to pass field sobriety tests—established probable cause to arrest for OWI.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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