Wisconsin Drunk Driving Case Law
Please find, below, selected case laws decided by Supreme Court of Wisconsin or Court of Appeals of Wisconsin where the terms dui, dwi, drunk driving, or driving under the influence has been mentioned. These cases are not necessarily criminal cases and may include cases where the facts or court decision merely mentions drunk driving related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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State v. Pleau - 8/3/2004
On June 14, 2003, officer David Nicklaus of the Marinette City Police Department received a notice from the dispatcher that there had been a hit-and-run accident at Lolli's Bar and there was reason to believe that the suspect vehicle, a...
State v. Decker - 7/22/2004
Michael Decker appeals from judgments of conviction for operating a motor vehicle while intoxicated (OWI) second offense and for operating a motor vehicle while having a prohibited alcohol concentration second offense in violation of Wis....
State v. Deilke - 7/8/2004
On May 12, 1993, the State charged Deilke with one count of operating a motor vehicle while intoxicated (OMVWI),*fn1 second offense (OMVWI-2nd), and one count of operating with a prohibited alcohol content (PAC),*fn2 second offense...
State v. Faust - 7/2/2004
The operative facts of this case are undisputed. On February 19, 2002, Officer James Olsen of the Sheboygan Police Department was on routine patrol and was inspecting the license plates of vehicles parked behind a local tavern. Upon...
State v. Meloy - 7/1/2004
Terrance Meloy appeals from a judgment of conviction and an order denying his motion for post-conviction relief. The issues relate to sentencing and ineffective assistance of counsel. We affirm.
. Meloy pled no contest to one...
[T] State v. Meloy - 7/1/2004
. Terrance Meloy appeals from a judgment of conviction and an order denying his motion for post-conviction relief. The issues relate to sentencing and ineffective assistance of counsel. We affirm.
. Meloy pled no contest to one...
County of Green Lake v. Polakowski - 6/30/2004
A warrantless entry into a private residence is presumptively unreasonable. Contrary to the trial court's ruling, the protections of the Fourth Amendment are not contingent upon a sheriff deputy's subjective belief that the suspect being...
State v. Rodenkirch - 6/24/2004
David G. Rodenkirch appeals a judgment of conviction for operating a motor vehicle while intoxicated, third offense, and operating a motor vehicle with a prohibited blood alcohol concentration (PAC), third offense, and from an order...
State v. Leutenegger - 6/24/2004
On July 2, 2001, a citizen telephoned police to report what he believed to be an intoxicated driver. The citizen, using a cell phone, called from a tavern parking lot and gave specific information indicating that a man, later identified as...
State v. Powers - 6/16/2004
At 10:38 a.m., Officer Ronald Bethia of the City of Brookfield Police Department was dispatched to an Osco Drug Store. He was informed that a clerk from the Osco store, with the name of Corona, had called the department to report that "an...
City of Berlin v. Bartol - 6/9/2004
The facts are brief and undisputed. While on patrol on February 22, 2003, Officer Eric Olson of the City of Berlin Police Department stopped, detained, and arrested Bartol for OWI, first offense, contrary to Wis. Stat. § 346.63(1)(a)....
[T] City of Berlin v. Bartol - 6/9/2004
. Jane M. Bartol appeals from a judgment of conviction for a first offense of operating a motor vehicle while intoxicated. Bartol contends that the circuit court erred in denying her motion to suppress the results of the blood test...
In re Disciplinary Proceedings Against Stearn - 6/8/2004
Attorney Eric A. Stearn has filed a petition for consensual license revocation under SCR 22.19. Attorney Stearn's Wisconsin law license was suspended on November 7, 2003 based on criminal convictions for homicide by intoxicated use of a...
State v. Calkins - 5/19/2004
John R. Calkins contends that his current conviction for operating while intoxicated cannot be enhanced by a prior conviction that is invalid because he did not knowingly, voluntarily and intelligently waive his right to counsel in the...
State v. Thomas - 5/18/2004
. Louis D. Thomas appeals from a judgment of conviction entered after a jury found him guilty of felon in possession of a gun, but not guilty of carrying a concealed weapon. He claims: (1) article I, section 25 of the Wisconsin...
State v. Delange - 5/13/2004
Officer Craig Rasmussen testified that at about 12:44 a.m. on October 27, 2000, he received a call from dispatch informing him that an unidentified caller had reported hearing "screaming in the woods" near the 2100 block of North Dewey...
State v. Zimdars - 5/12/2004
Community Service Officer Lynette Weber observed Zimdars driving northbound on Main Street at approximately ten miles under the speed limit. Weber followed Zimdars and observed him deviate six to eight times out of his lane into the other...
State v. Mulroy - 5/11/2004
An information charged Mulroy with two counts of causing great bodily harm by intoxicated use of a vehicle, two counts of causing great bodily harm while operating a motor vehicle with a prohibited blood alcohol concentration, two counts...
[T] State v. Mulroy - 5/11/2004
. Jason Mulroy appeals a judgment, entered upon his no contest pleas, convicting him of two counts of causing great bodily harm by intoxicated use of a vehicle, two counts of hit and run and one count of causing injury by intoxicated...
[T] State v. LaFortune - 5/4/2004
. Sheila LaFortune appeals a judgment of conviction for homicide by use of a motor vehicle, with a prohibited alcohol concentration, contrary to Wis. Stat. § 940.09(1)(b). LaFortune also appeals the order denying her motion to...
State v. LaFortune - 5/4/2004
The facts are undisputed. At approximately 12:15 a.m. on January 11, 2002, the Brown County Sheriff's Department was dispatched to an accident involving LaFortune. She had failed to negotiate a sharp turn, resulting in her vehicle rolling...
[T] State v. Walz - 4/29/2004
. James Walz appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI), first offense. He claims the trial court erred in denying his motion to suppress evidence gathered...
[T] State v. Struebing - 4/28/2004
. Scott A. Struebing is challenging a prior drunk driving conviction, contending that the trial court failed to advise him that although he did not qualify for a state public defender, the court could appoint him an attorney if he...
[T] State v. Tovsen - 4/22/2004
. Adam Tovsen appeals the judgment of conviction for operating a motor vehicle while intoxicated, third offense, in violation of Wis. Stat. § 346.63(1)(a). The issue on appeal is whether the officer had the requisite reasonable...
[T] State v. Balthazor - 4/22/2004
. Paul Balthazor appeals the judgment finding him guilty of operating a motor vehicle while intoxicated in violation of Wis. Stat. § 346.63(1)(a). The issue on appeal is whether the officer had the requisite reasonable suspicion to...
State v. Reed - 4/22/2004
. Brent R. Reed appeals from a non-final order denying his motion to dismiss an obstructing an officer charge. This interlocutory appeal was to be heard by one judge pursuant to Wis. Stat. § 752.31(2)(f) (2001-02). The chief judge...
[T] State v. Knox - 4/20/2004
. Shawn Knox appeals a judgment of conviction entered on his no contest plea to operating a motor vehicle while intoxicated (OWI), second offense. He claims the trial court erred by concluding his arrest was a lawful citizen's arrest...
State v. Gallion - 4/15/2004
Oral Argument: September 17, 2003
Concurred: WILCOX, J., concurs (opinion filed).
. In all Anglo-American jurisprudence a principal obligation of the judge is to explain the reasons for his actions. His decisions will not...
[T] State v. Bloom - 4/7/2004
. Gregory R. Bloom appeals from a judgment of conviction of two counts of recklessly endangering safety by use of a dangerous weapon and of bail jumping. He also appeals from an order denying his post-conviction motion for a new trial...
In re Commitment of Franklin - 4/1/2004
Oral Argument: December 3, 2003
ABRAHAMSON, C.J., concurs (opinion filed). BRADLEY, J., joins concurrence.
. Gregory J. Franklin was committed by Milwaukee County Circuit Court according to the provisions of Wis. Stat. ch....
[T] State v. Brown - 3/25/2004
. William A. Brown appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OMVWI). Brown contends the circuit court erred in concluding under WIS. STAT. § 346.65(2)(d) that this was his fourth offense....
[T] State v. Nigl - 3/3/2004
Paul Nigl appeals from a judgment of conviction of two counts of homicide by intoxicated use of a motor vehicle and from an order denying his motion for post-conviction relief. He argues that blood test results should have been...
State v. Williams - 2/11/2004
. Clyde Baily Williams appeals from judgments of conviction for one count of first-degree sexual assault of a child contrary to Wis. Stat. § 948.02(1) (2001-02) arising from a 1996 incident and two counts of first-degree sexual...
State v. Begicevic - 2/4/2004
. Ibrahim Begicevic raises multiple challenges to his conviction for a second offense operating with a prohibited alcohol concentration (PAC). We agree with the trial court that the arresting officer had reasonable suspicion to...
[T] State v. Lohry - 1/14/2004
. This is an appeal from a judgment convicting Sara L. Lohry of operating a motor vehicle while intoxicated, fourth offense, and an underlying order denying her motion to suppress evidence. Her claim on appeal is premised upon a...
[T] State v. Wundrow - 12/16/2003
. Scott Wundrow appeals from a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, third offense. He argues that there was insufficient probable cause to justify his arrest and therefore any...
[T] In re Refusal of Sturm - 12/10/2003
. Mark A. Sturm appeals from an order revoking his driver's license for three years on grounds that his refusal to submit to a chemical test under Wis. Stat. § 343.305 was unreasonable. Sturm argues that the arresting officer lacked...
Kozlik v. Gulf Insurance Co. - 11/19/2003
. Phillip R. Leverance was a repeat client of Enterprise Rent-a-Car who always signed up for personal accident insurance (PAI), which included benefits for accidental death. This insurance was actually handled by Gulf Insurance...
[T] State v. French - 11/19/2003
. Daniel R. French insists that his swearing and talking while the arresting officer read the implied consent warnings prevented the officer from using reasonable means to convey the contents of the warnings to him. We affirm because...
City of Pewaukee v. Carter - 11/19/2003
. The City of Pewaukee appeals an order of the circuit court that granted Thomas L. Carter's motion to dismiss the City's appeal for a de novo trial filed under Wis. Stat. § 800.14(4) (2001-02) in response to a municipal court's grant...
[T] County of Fond du Lac v. Tarrant - 11/19/2003
. Melissa M. Wondra Tarrant appeals from a judgment finding her guilty of operating a motor vehicle while intoxicated (OWI), first offense, and operating a motor vehicle with a prohibited alcohol concentration (PAC), first offense....
[T] State v. Servantez - 11/12/2003
. A jury found Elijio M. Servantez not guilty of driving with a blood alcohol content of .08 or more as a third-time or subsequent offender, but guilty of operating while intoxicated. The .08 charge was based on results from an...
[T] State v. Frye - 10/30/2003
. Scott Frye appeals a judgment of conviction for operating with a prohibited alcohol content of .02 or more, fourth offense, in violation of Wis. Stat. §§ 340.01(46m)(c) and 346.63(1)(b). Frye moved to dismiss the complaint because...
State v. Kuechler - 10/29/2003
. Bruce J. Kuechler appeals from a judgment of conviction and an order denying a motion for post-conviction relief. Kuechler was convicted of seventh offense operating a motor vehicle while intoxicated (OWI) contrary to Wis. Stat. §...
[T] County of Green Lake v. Duhm - 10/29/2003
. Clinton L. Duhm appeals from judgments of conviction for operating a motor vehicle with a prohibited blood alcohol concentration (PAC) contrary to Wis. Stat. § 346.63(1)(b) and possession of drug paraphernalia contrary to Wis. Stat....
State v. Larson - 10/23/2003
. Jeremy J. Larson appeals from a judgment convicting him of homicide by intoxicated use of a vehicle. The trial court sentenced him to five years' confinement in prison and ten years' extended supervision, with the condition that...
[T] State v. Graef - 10/15/2003
. While Wis. Stat. § 346.61 makes Wisconsin's drunk driving laws apply to "all premises held out to the public for use of their motor vehicles," the breadth of coverage does not include every premises upon which a car or truck can be...
State v. Faust - 10/1/2003
. The question here is whether exigent circumstances still exist for a nonconsensual and warrantless blood draw even after the State has already obtained a voluntary chemical breath test producing a valid sample. In State v....
State v. Van Riper - 10/1/2003
. Kevin J. Van Riper appeals his conviction for operating with a prohibited alcohol concentration (PAC) of 0.08, as a third offense, contrary to Wis. Stat. § 346.63(1)(b) (2001-02). Van Riper contends that the State's submission of...
[T] State v. Jerome - 10/1/2003
. Nevada Jerome has appealed from a judgment convicting him upon pleas of no contest of one count of first-degree sexual assault by use or threat of use of a dangerous weapon in violation of Wis. Stat. § 940.225(1)(b) (2001-02), one...
[T] State v. Garrigan - 9/23/2003
. Scott Garrigan appeals a judgment convicting him of killing Leanne Peetz and injuring Karri Spice in a drunk driving accident. Garrigan offered the affirmative defense created by Wis. Stat. § 940.09(2), that Peetz's death would have...
[T] State v. Doudna - 9/18/2003
. Billy Doudna appeals the judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, second offense, contrary to Wis. Stat. § 346.63(1)(b), for an offense that occurred on March 7, 2001. He had...
[T] State v. Merino - 9/9/2003
. Carlos Merino appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant, second offense. He argues the warrantless draw of his blood violated the Fourth Amendment. Specifically, he...
State v. McWilliams - 9/9/2003
. John McWilliams appeals an order denying his motion for a new trial and his conviction for operating while intoxicated and operating with a prohibited blood alcohol concentration. He argues that he was denied his right to present a...
[T] County of Fond du Lac v. Reilly - 9/3/2003
. Conor D. Reilly appeals from his conviction for drunk driving. He argues that the trial court erred in dismissing his motion to suppress evidence because of a lack of reasonable suspicion to stop his vehicle. We hold that the...
[T] City of Elkhorn v. St. John - 8/27/2003
. We do not reach the substantive issues raised by Jane St. John because her no contest plea to operating a motor vehicle while intoxicated (OWI), first offense, waives her challenge that the arresting officer waited an unreasonable...
[T] City of Sturgeon Bay v. Finnegan - 8/26/2003
. Mary Finnegan appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant and operating a motor vehicle with a prohibited alcohol concentration. During her jury trial, Finnegan moved for...
[T] State v. Pequeno - 8/13/2003
. Wisconsin Stat. § 343.305(6)(b)3 requires that the Wisconsin Department of Transportation test and certify the accuracy of the equipment used by law enforcement officers for chemical analysis of the blood alcohol level of those...
[T] State v. Fogle - 8/6/2003
. James B. Fogle appeals from an order finding his refusal to submit to a chemical test of his blood unreasonable. Fogle argues that the circuit court applied an inappropriate standard in interpreting the law to require actual medical...
[T] State v. Blanck - 7/23/2003
. In Wisconsin, error "may not be predicated upon a ruling which ... excludes evidence unless ... the substance of the evidence was made known to the judge by offer or was apparent from the context within which questions were asked."...
[T] State v. Sliwinski - 7/22/2003
. Jane Sliwinski appeals an order denying suppression of a blood test taken after she was arrested for operating while intoxicated as well as her judgment of conviction. Sliwinski contends that the blood draw was unreasonable because...
[T] State v. Erdmann - 7/17/2003
. Tammy Erdmann appeals from a judgment of conviction for operating a motor vehicle while intoxicated, in violation of Wis. Stat. § 346.63(1)(a). She contends that the trial court erred when it denied her motion to suppress. We...
[T] State v. Millard - 7/17/2003
. Dennis Millard appeals from a judgment convicting him of operating a motor vehicle while intoxicated, second offense, in violation of Wis. Stat. § 346.63(1)(a). Millard moved to suppress all evidence obtained during and subsequent...
[T] State v. Kvalo - 7/17/2003
. Craig Kvalo appeals from a judgment convicting him of operating a motor vehicle while intoxicated, second offense, in violation of Wis. Stat. § 346.63(1)(a). Kvalo moved to suppress all evidence obtained during and subsequent to his...
[T] State v. Wimmer - 7/17/2003
. Emmett Wimmer appeals from a judgment convicting him of operating a motor vehicle while intoxicated, in violation of Wis. Stat. 346.63(1)(a). Wimmer moved to suppress the results of a blood test and the statements he made at the...
State v. Jorgensen - 7/11/2003
Oral Argument: February 18, 2003
Dissented: ABRAHAMSON, C.J., dissents (opinion filed).
REVIEW of a decision of the Court of Appeals. Affirmed.
. This is a review of an unpublished court of appeals decision, State v....
State v. Weed - 7/3/2003
REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 256 Wis. 2d 693, 647 N.W.2d 467 (Ct. App. 2002-Unpublished)
Oral Argument: February 18, 2003
. The defendant, Patricia Weed (Weed) petitioned this court for review...
State v. Drexler - 7/2/2003
. Thomas A. Drexler appeals from a circuit court judgment convicting him of operating while intoxicated, fourth offense, contrary to Wis. Stat. § 346.63(1)(a) (2001-02). Drexler argues that the trial court's failure to advise him that...
State v. Stark - 7/2/2003
. We will assume without deciding that, contrary to the trial court's conclusion, Verne J. Stark was not free to leave when confronted by a village of East Troy police officer on suspicion of driving while intoxicated. Even so, the...
[T] State v. Gieck - 6/19/2003
. Jennifer Gieck appeals an order denying her motion to dismiss a criminal complaint charging her with operating a motor vehicle while under the influence of an intoxicant (OWI) and with a prohibited blood alcohol concentration (PAC),...
State v. Cole - 6/19/2003
ON CERTIFICATION FROM THE COURT OF APPEALS
Oral Argument: April 30, 2003
APPEAL from an order denying post-conviction relief. Reversed and remanded.
. This is an appeal from an order of the circuit court for...
State v. Larson - 6/18/2003
. James L. Larson appeals from a judgment convicting him of operating a motor vehicle while intoxicated contrary to Wis. Stat. § 346.63(1)(a) (2001-02). Larson contends that the trial court erred by denying his motion to suppress...
[T] City of La Crosse v. Hoff - 6/12/2003
. Brian Hoff appeals from a judgment convicting him of OWI as a first offense, a violation of Wis. Stat. § 346.63(1)(a). Because we conclude that there was sufficient evidence to support the jury's guilty verdict and there was no bias...
[T] State v. Rigelstetter - 5/29/2003
. Allen Ringelsetter appeals the judgment of conviction for operating while intoxicated, third offense, in violation of Wis. Stat. § 346.63(1)(a). He contends the trial court erred in denying his motion to suppress evidence on the...
State v. Stark - 5/28/2003
. We will assume without deciding that, contrary to the trial court's conclusion, Verne J. Stark was not free to leave when confronted by a village of East Troy police officer on suspicion of driving while intoxicated. Even so, the...
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