OWI First Offense Outagamie County Circuit Court Dismissed
Updated: Mar 12
Client spent an evening with her husband and friends at a local festival. On her way home, client was stopped by a sheriff's deputy for crossing the fog line. After the deputy forced the client to submit to roadside field sobriety testing, provide a preliminary breath test sample, and ultimately arrested her for drunk driving. Client's blood test came back over twice the legal limit. Client was facing a loss of license, ignition interlock device requirement and having her good name in the community tarnished.
Client made a smart choice and hired Dan Skarie. Dan quickly realized that the sheriff's deputy improperly administered and scored the standardized field sobriety tests and therefore did not have probable cause to force the client to provide a preliminary breath test sample nor arrest her for OWI. Dan's first move was to file a Motion to Suppress the unlawful evidence.
At the 4th Amendment suppression hearing, halfway through the deputy's testimony the prosecutor offered to amend the case to a blood alcohol concentration below .15, thereby eliminating the requirement that the client drive with an ignition interlock device on her vehicle for a year. The client rejected the offer and stood strong. Ultimately the Judge found that the deputy lacked the probable cause to arrest the client and therefore suppressed all of the evidence after the unlawful arrest, including the blood test result. The prosecution subsequently dismissed the case. Very, very happy client.