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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[T] State v. Zeilinger - 5/28/2003
. The State appeals a judgment dismissing one count each of third-offense operating while intoxicated, operating with a prohibited blood alcohol concentration, and operating after revocation against Timothy Zeilinger. The trial court...
State v. Hoppe - 5/22/2003
Oral Argument: December 6, 2002
SYKES, J., dissents (opinion filed). PROSSER, J., joins dissent.
REVIEW of a decision of the Court of Appeals. Affirmed.
. The petitioner, State of Wisconsin, seeks review of an...
[T] State v. Cooper - 5/15/2003
. Michael Cooper appeals from a judgment convicting him, over pleas of not guilty by reason of mental disease or defect (NGI), of a fifth offense of operating a motor vehicle while intoxicated (OWI), a second offense of operating...
[T] Village of Oregon v. Sunday - 5/15/2003
. Robyn R. Sunday appeals a judgment of the trial court finding her guilty of operating a motor vehicle while under the influence of an intoxicant as a first offense. Sunday's argument on appeal is that the stop of her vehicle was not...
[T] State v. Knuth - 5/8/2003
. Robert Knuth appeals judgments convicting him of third offense operating after revocation (OAR), and seventh offense operating while intoxicated (OWI). Both charges resulted from Knuth's late-night arrest while driving on a county...
[T] State v. Medina-Fuentes - 5/8/2003
. The State of Wisconsin appeals the circuit court's order suppressing blood draw evidence. The issue is whether the blood was taken in violation of the Fourth Amendment prohibition against unreasonable searches and seizures. We...
[T] County of Dane v. O'Connell - 5/8/2003
. Daniel P. O'Connell appeals a judgment of the circuit court finding him guilty of one count of operating a motor vehicle while intoxicated as a first offense. O'Connell argues that his motion to suppress evidence should have been...
[T] State v. Nielson - 5/1/2003
. Steven W. Nielson appeals the circuit court's order denying his motion to suppress evidence obtained from a preliminary breath test and the subsequent judgment of conviction for operating a motor vehicle while having a prohibited...
[T] State v. Miller - 4/30/2003
. Robert H. Miller appeals from a judgment of the trial court denying a motion to suppress the results of the analysis of a blood sample. Miller argues that the arresting officer used unreasonable force to secure the blood draw and...
[T] State v. Dombrowski - 4/29/2003
. Rodney Dombrowski appeals a judgment convicting him of fifth offense drunk driving. He argues that three of his prior convictions should not have been used to enhance his sentence because his waiver of counsel in each of those cases...
[T] State v. Kupaza - 4/24/2003
. Peter Kupaza was convicted of first-degree intentional homicide, Wis. Stat. § 940.01(1) (1997-98), and hiding a corpse with intent to conceal a crime, Wis. Stat. § 940.11(2). The prosecutor presented evidence that Kupaza killed his...
[T] County of Jefferson v. Lynch - 4/24/2003
. Sean Lynch appeals the judgment of conviction for operating a motor vehicle while under the influence of an intoxicant in violation of an ordinance adopting Wis. Stat. § 346.63(1)(a). He contends the trial court erred in concluding...
[T] City of Fond Du Lac v. Binotto - 4/16/2003
. John Binotto raises what he claims is a "question of law heretofore unexamined in Wisconsin jurisprudence": What sanction, if any, should be imposed if an arresting officer fails to keep a drunk driving suspect under continuous...
[T] State v. Corty - 4/15/2003
. David Corty appeals a judgment entered on a jury's verdict convicting him of one count of second offense operating a motor vehicle with a prohibited blood alcohol concentration. Corty argues the trial court erred when it refused to...
[T] State v. Norton - 4/9/2003
. This is a review of a refusal hearing arising out of an operating while intoxicated arrest (OWI). At the refusal hearing, the State presented plausible evidence that the arresting deputy had probable cause to believe that Michael V....
[T] State v. Rupp - 4/3/2003
. Bryan Rupp appeals the circuit court order denying his motion to suppress evidence obtained from a blood draw and his subsequent judgment of conviction for operating a motor vehicle while intoxicated (OMVWI), contrary to Wis. Stat....
[T] State v. Nguyen - 4/1/2003
. Dung Tran Nguyen appeals a judgment convicting him of operating after revocation and operating with a prohibited alcohol content. Nguyen argues that the trial court erred by denying his suppression motion based on the unlawfulness...
[T] City of Oshkosh v. Palecek-Baerwald - 3/26/2003
. Christine K. Palecek-Baerwald appeals from a forfeiture judgment of conviction for operating a motor vehicle while intoxicated (OWI), as a first offense, contrary to Wis. Stat. § 346.63(1)(a). She contends that the trial court...
[T] State v. Wendler - 3/20/2003
. Jason Wendler appeals the judgment of conviction for driving while intoxicated in violation of Wis. Stat. § 346.63(1)(a), third offense. We reject his challenges to the admissibility of the results of the chemical test performed on...
[T] State v. Salzwedel - 3/20/2003
. Thomas Salzwedel appeals the judgment of conviction for driving while intoxicated in violation of Wis. Stat. § 346.63(1)(a), second offense. We reject his challenges to the admissibility of the results of the chemical test performed...
[T] State v. Walford - 3/20/2003
. Richard Walford appeals from a judgment of conviction for a violation of Wis. Stat. § 346.63(1)(a), operating while intoxicated, as a second offense. He asserts that the trial court erred when it denied his motions to suppress the...
[T] State v. Rucks - 3/13/2003
. Clifford Rucks appeals the circuit court order denying his motion to suppress evidence obtained from a blood draw and his subsequent judgment of conviction for operating a motor vehicle while intoxicated (OMVWI), contrary to Wis....
[T] In re Commitment of Franklin - 3/11/2003
. Gregory J. Franklin appeals his commitment under Chapter 980 of the Wisconsin Statutes after a jury found him to be a sexually violent person pursuant to Wis. Stat. § 980.01(7) (1997-98). He argues that: (1) the State failed to...
[T] State v. Mork - 3/5/2003
. Gary T. Mork was convicted by jury of operating a vehicle while intoxicated. A major part of the State's evidence was a blood test showing Mork's blood alcohol level to have been .175%. Mork's defense was that the blood tested was...
State v. Delaney - 3/4/2003
Oral Argument: October 15, 2002
ABRAHAMSON, C.J., dissents (opinion filed). BRADLEY, J., joins dissent.
Not Participating:
REVIEW of a decision of the Court of Appeals. Affirmed.
. Petitioner Richard W. Delaney...
State v. Sybers - 2/27/2003
. James Sybers appeals the judgment of conviction for driving while intoxicated (OWI) in violation of Wis. Stat. § 346.63(1)(a) second offense, and the order denying his motion for post-conviction relief. He contends his plea of...
State v. Olson - 2/20/2003
ROGGENSACK, J.
. Dennis L. Olson appeals a judgment of conviction for operating a motor vehicle while intoxicated (OMVWI), contrary to Wis. Stat. § 346.63(1)(a), second offense. Because we conclude that there is nothing in the...
County of Jefferson v. Krause - 2/20/2003
. James I. Krause appeals a judgment of the circuit court finding him guilty of operating a motor vehicle while under the influence of an intoxicant as a first offense. Krause argues that his conviction should be overturned because...
State v. Keith - 2/6/2003
. James W. Keith appeals a judgment of the circuit court finding him guilty of operating a motor vehicle while intoxicated, third offense, contrary to Wis. Stat. § 346.63(1)(a). Keith argues that the evidence obtained pursuant to an...
State v. Colstad - 1/30/2003
. Guy W. Colstad appeals a judgment of the circuit court convicting him of homicide by use of a vehicle while having a prohibited alcohol concentration, contrary to Wis. Stat. § 940.09(1)(b) (1997-98). Colstad argues that the results...
State v. Wittig - 1/30/2003
. Marcia Wittig appeals the judgment of conviction for driving while intoxicated in violation of Wis. Stat. § 346.63(1)(a), second offense. We reject her challenges to the admissibility of the results of the chemical test performed on...
City of Sun Prairie v. Rodenkirch - 1/30/2003
. Lance A. Rodenkirch appeals an order of the circuit court convicting him of operating a motor vehicle while under the influence of intoxicants, in violation of a City of Sun Prairie ordinance adopting Wis. Stat. § 346.63(1)(a)....
State v. Swansby - 1/30/2003
. Carol Swansby appeals a judgment convicting her of operating a motor vehicle under the influence of an intoxicant (OMVWI). She claims the trial court erred in denying her motions to suppress evidence of the result of a blood test...
State v. Rex - 1/29/2003
. Wade J. Rex was found guilty by a jury of operating a motor vehicle while intoxicated. He raises three issues: (1) Whether his pretrial motion to suppress should have been granted on grounds that the officer had no reasonable...
State v. Tangye - 1/23/2003
. Jerrold N. Tangye appeals his conviction for operating a motor vehicle while intoxicated (OMVWI), contrary to Wis. Stat. § 346.63(1)(a). Tangye argues that Wis. Stat. § 343.305(2), Wisconsin's "implied consent" law, is...
State v. Erickson - 1/16/2003
. Cara Erickson appeals judgments of the circuit court convicting her of homicide by intoxicated use of a vehicle contrary to Wis. Stat. § 940.09(1)(a) (1997-98), and causing injury by intoxicated operation of a vehicle contrary to...
State v. Dickey - 1/15/2003
. Sammy J. Dickey appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) contrary to Wis. Stat. § 346.63(1)(a) which was reinstated following a remand hearing. He argues that his rights were...
State v. Johnson - 1/14/2003
. Mark Johnson appeals an order revoking his operating privileges because of his refusal to submit to chemical testing after his arrest for operating while under the influence. The circuit court concluded Johnson had no basis to...
State v. Riedel - 12/26/2002
. James S. Riedel appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) contrary to Wis. Stat. § 346.63(1)(a) (1999-2000). Riedel argues that the trial court erred in denying his motion to...
City of Mequon v. Peacock - 12/11/2002
. This appeal requires us to address whether a totally anonymous tip provides sufficient justification for an investigative traffic stop. The tip contains an assertion of criminal activity-a possible intoxicated driver traveling along...
County of Walworth v. Aarud - 12/11/2002
. Jason M. Aarud appeals from a judgment of conviction for driving while intoxicated, first offense. Aarud argues that he was seized without reasonable suspicion or probable cause when he was asked to take a preliminary breath test...
State v. Tuomi - 12/10/2002
. Aaron Tuomi appeals an order denying suppression of evidence obtained during a traffic stop. He also appeals his resulting conviction for operating with a prohibited blood alcohol concentration (OWPAC), second offense, contrary to...
In re Imposition of Costs on Attorney in State v. Mille - 11/27/2002
. Attorney James Koby appeals an order which imposed sanctions on him for filing what the trial court deemed to be a frivolous suppression motion. Koby contends that the relevant statute, Wis. Stat. § 802.05(1) (1999-2000), does not...
In re Refusal of Boedecker - 11/27/2002
. Karen Boedecker appeals the circuit court's order revoking her operator's license for one year under Wis. Stat. § 343.305(10) (1999-2000) on the ground that she refused to submit to a chemical test of her breath following her arrest...
State v. Severson - 11/27/2002
. Douglas D. Severson appeals a judgment of conviction for operating a motor vehicle while intoxicated (OMVWI), contrary to Wis. Stat. § 346.63(1)(a), second offense. Because we conclude that there is nothing in the arguments...
State v. Hepler - 11/21/2002
. Katherine Hepler appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OMVWI), second offense. Hepler contends the circuit court erred in denying her motions to suppress...
In re Refusal of Dolan - 11/21/2002
. Robert Dolan appeals an order which revoked his motor vehicle operating privilege on account of his refusal to submit to chemical testing for alcohol concentration pursuant to Wis. Stat. § 343.305. He claims the revocation order...
State v. Rose - 11/21/2002
. Jon Rose appeals from a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OMVWI), second offense. Rose contends the circuit court erred in denying his motions to suppress evidence. He...
In re Refusal of Eggimann - 11/21/2002
. Robert Eggimann appeals the circuit court's order revoking his driver's license. Eggimann argues that Wisconsin's implied consent law, Wis. Stat. § 343.305, violates his Fourth Amendment right to refuse consent to searches and...
Halsted v. Society Insurance Co. - 11/21/2002
. Joseph Ray Halsted appeals from an order dismissing his personal injury action against Dale and Tammy Lilly, and Elinor Pfaff. Halsted fell and severely injured himself on the premises owned by the Lillys and formerly owned by...
County of Columbia v. Linde-Ray - 11/14/2002
. Cheryl Linde-Ray appeals a judgment of the circuit court convicting her of operating while intoxicated as a first offense. Linde-Ray argues that the trial court improperly denied her motions to suppress. We disagree and affirm. ...
State v. Wintlend - 11/6/2002
. Jerry J. Wintlend appeals his conviction for operating a motor vehicle while intoxicated. He contends that when he was read the Informing the Accused form by the officer following his arrest, the language of that form contained a...
State v. Jorgensen - 6/27/2002
. Patty Jorgensen appeals a judgment of the circuit court finding her guilty of operating a motor vehicle while intoxicated, fourth offense. She also appeals an order denying her motion for post-conviction relief.
FACTS
....
State v. Kovars - 6/27/2002
. Rollin B. Kovars appeals a judgment of the circuit court finding him guilty of operating a motor vehicle while intoxicated, second offense. Kovars contends the circuit court erred in denying his motion to suppress evidence. For the...
State v. Grawey - 6/27/2002
. Dawn Grawey appeals a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense, in violation of Wis. Stat. § 346.63(1), and the circuit court's order denying her motion to reconsider its decision...
State v. Konkol - 6/19/2002
. In this OWI case, the State anticipated before trial what the theory of the defense would be and planned to rebut the theory by use of expert witness testimony. The issue we face on appeal, one of first impression in Wisconsin, is...
City of Sheboygan v. Taylor - 6/12/2002
. Bradley R. Taylor appeals his conviction of driving while intoxicated and the trial court order denying his motion to reopen. He acknowledges that no Wisconsin statute or appellate decision allows an insanity defense for traffic...
State v. Kidd - 6/6/2002
. This is an appeal from a judgment convicting Michael Kidd of operating a motor vehicle while intoxicated, contrary to Wis. Stat. § 346.63(1)(a) and operating a motor vehicle with a prohibited blood alcohol content, contrary to §...
State v. Sexton - 6/4/2002
. Bradley Sexton appeals a judgment convicting him of operating a motor vehicle while intoxicated, contrary to Wis. Stat. § 346.63(1)(a), and operating a vehicle with a prohibited blood alcohol concentration, contrary to §...
State v. Frey - 5/23/2002
. Scott J. Frey appeals a judgment of conviction for operating a motor vehicle while intoxicated (OMVWI), in violation of Wis. Stat. § 346.63(1)(a), as a third offense. His conviction arose out of an incident that occurred November...
State v. Arias-Cruz - 5/15/2002
. Alfonso Arias-Cruz appeals from the judgment of conviction entered against him and the order denying his motion for post-conviction relief. He argues on appeal that the circuit court erroneously exercised its discretion when it...
County of Winnebago v. Wickland - 5/8/2002
. Roy D. Wicklund appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) in violation of a Winnebago County ordinance. Wicklund challenges the trial court's ruling denying his motions to suppress...
County of Milwaukee v. Baumgartner - 5/7/2002
. Milwaukee County (County) appeals from the trial court's dismissal of the municipal ordinance violation charging Baumgartner with operating a motor vehicle under the influence of an intoxicant, contrary to Wis. Stat. § 346.63(1)(a)...
State v. Bessert - 5/1/2002
. James Bessert appeals from a forfeiture judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration (PAC) pursuant to Wis. Stat. § 346.63(1)(b). Bessert challenges the trial court's ruling denying...
State v. Konkol - 5/1/2002
. In this OWI case, the State anticipated before trial what the theory of the defense would be and planned to rebut the theory by use of expert witness testimony. The issue we face on appeal, one of first impression in Wisconsin, is...
State v. Roberts - 4/24/2002
. William H. Roberts appeals from a judgment convicting him of operating while intoxicated (fifth offense), operating after revocation (fourth offense) and obstructing an officer, all as a repeat offender, and from an order rejecting...
Stephenson v. Universal Metrics - 3/28/2002
REVIEW OF A DECISION OF THE COURT OF APPEALS 2001 WI App 128 Reported at: 246 Wis. 2d 450, 630 N.W.2d 767 (Published)
Oral Argument: December 3, 2001
Concurred: SYKES, J., concurs (opinion filed).
Dissented:...
State v. Gruber - 3/27/2002
. We reject William J. Gruber's request that he be granted a new trial because the jury was not given the opportunity to consider important evidence that bore on an important issue. Gruber's contention that he was convicted with the...
City of Appleton v. Tyrrell - 3/26/2002
. Lamar Tyrrell appeals from an order concluding that he had no basis to refuse to submit to chemical testing of his blood alcohol content after being arrested for operating a motor vehicle while under the influence of an intoxicant....
State v. Young - 3/6/2002
. John B. Young appeals from an order revoking his driving privileges for one year. Young contends that the arresting officer failed to comply with the standardized field sobriety testing requirements established in the National...
State v. Hanson - 2/27/2002
. Jeanne M. Hanson appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI) as a repeat offender pursuant to Wis. Stat. §§ 346.63(1)(a) and 345.55(2)(b). Hanson challenges the trial court's ruling...
State v. Earley - 2/13/2002
. Duane A. Earley has appealed from a judgment convicting him of causing great bodily injury by the operation of a motor vehicle while under the influence of an intoxicant in violation of Wis. Stat. § 940.25(1)(a) (1999-2000). He has...
State v. Thayer - 2/12/2002
. Yvette Thayer appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), second offense, contrary to Wis. Stat. § 346.63(1)(a). Thayer argues that the blood test results should...
State v. Pigman - 2/5/2002
. Boyd Pigman appeals from a judgment convicting him after a bench trial for operating a motor vehicle while under the influence of an intoxicant (OWI), second offense, in violation of Wis. Stat. § 346.63(1)(a). He contends that the...
State v. Marshall - 2/5/2002
. Donald D. Marshall appeals from a judgment entered after he pled guilty to one count of operating a motor vehicle while intoxicated (OWI) (fifth offense), contrary to Wis. Stat. § 346.63(1)(a) (1999-2000). Marshall also appeals from...
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