DUI / OWI (Drunk Driving) Stop in Wisconsin
What to do if you are stopped by the police and you have been
Before talking to the police
- Look for a good place to pull over out of traffic and do so.
Signal your turn, avoid the curb. If you can find a spot that is
well-lit, that is better.
- Stay in your car unless invited out by the officer.
- Turn off the car and keep your hands on the steering wheel.
- Do not light up a cigarette or use breath spray.
- Get your drivers license out (and know where your registration
When police come up to car
- When asked produce your drivers license.
- Be polite.
- If asked about drinking decline to answer the question,
politely. It is a crime to lie to a police officer.
If you are asked to step out of the car
- Step out. Close and lock your vehicle.
- If you have ever had a head injury or have any problems with
standing on one foot or other balance problems, decline to do any "field
- If you do the balance tests, do not do the "eye check." It is
invalid "test" and police often do not do it properly anyway. You
have the right to refuse to do any "field sobriety tests."
- If asked to blow in a breath machine by the side of the road,
- Do not agree to a search of your vehicle. Do not have the police
move your vehicle. If they tell you they will break the windows if
you don't give them the keys, give them the keys.
If you are arrested for drunk driving
- When asked, agree to take a test of your breath or blood. If you
do not do this, you will lose your drivers license, perhaps for
longer than you would have even if convicted of the charge. Things
will be worse if you do not agree. The police may well hold you down
and take blood from you if you do not agree.
- After you have been advised of your rights, do not answer
- Tell the officers that you want a second test. If they decline
to give you one, ask if they can do that in writing.
- When you get home, make notes about what happened from the
time you got up until you were arrested. Who you were with, what you
did, what you ate (and when) and drank and where you went. Talk to
the people you were with, how did you seem to them?
- If the reason for the stop given was some equipment violation
(tail light, license plate light, etc.) and you disagree or are
unsure, document the condition of the equipment. Take pictures, get
- Act within 10 days to
preserve your license. Contact a lawyer as soon as possible. If you
wait until court it will be too late for many things.
Warning - Use at your own risk.
This page is not intended to be legal advice or substitute for legal
advice. It is intended to provide general information. Legal advice can only be
given with a full understanding of the actual facts of a case, generally in
a face-to-face consultation. Note that there are exceptions to many of the
statements made here. My office does not give legal
advice to non-clients over the phone or internet. Further, the
law and procedures in drunk driving cases are changing rapidly. This page
reflects laws and procedures in Wisconsin, on July 31, 2012.
DUI / OWI
/ DWI Wisconsin
- How this office approaches DUI / OWI cases. The need for an assessment and
/ or treatment along with competent legal assistance is discussed.
DUI / OWI / DWI / Drunk Driving Court in Madison, Dane County, Wisconsin
DUI / OWI Treatment Court - an option that must be considered in Dane
County for some third-offense cases
DUI / OWI Field Sobriety Tests in
Wisconsin - A look at what "field sobriety tests" are - and are not - in
DUI / OWI (Drunk Driving) Wisconsin Ten
Day Warning - Why a defendant needs to take action before the court
process even gets going.
DUI / OWI / Drunk Driving Math in Wisconsin - What Counts as a prior
DUI / OWI / Drunk Driving with Prescription Drugs in
Wisconsin Judicial Sentencing Guidelines for OWI / DUI / Drunk Driving
cases by County. Each judicial district has different guidelines.
This page last revised:
08 Mar 2019 11:28:50 -0500
Kyle Kenyon - When Experience Matters
Attorney at Law
5555 Odana Road, Suite
Madison, WI 53719-1280
Telephone (608) 276-9645
Former (Elected) District Attorney
Former Assistant State Public Defender
Extensive jury trial experience in cases
ranging from traffic to sexual assault / homicide
criminal cases since 1979
Appeals in Wisconsin Court of Appeals and
University of Wisconsin Law School
1978 - winner of Abe Sigman prize
University of Wisconsin - Madison -
Psychology - 1975
Trainer / presenter / panelist for
National College of District Attorneys,
Department of Justice,
Wisconsin Public Defender
Certified to administer roadside
Field Sobriety Tests in Wisconsin
Graduate Vehicular Homicide / DWI Program, Northwestern
University Center for Public Safety
Past-President: Marinette County Bar
Association, Door-Kewaunee Bar Association
of Criminal Defense Lawyers (NACDL)
Wisconsin Association of Criminal Defense Lawyers (WACDL)
Member: National College for DUI Defense
Member: State Bar of Wisconsin, Dane County Bar
Admitted to practice: State of Wisconsin, Federal - Eastern
District of Wisconsin, Western District of Wisconsin, 7th Circuit Court of
Drunk Driving Lawyer
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