When an officer pulls you over for a DUI stop, it is important to stay calm and know your rights. If you want to know if the stop was illegal, you need to understand that every traffic stop is unique and we examine it individually to determine if it was legal.
There are various examples of illegal DUI stops, and working with an experienced attorney will ensure you get justice.
No probable cause
Probable cause is intentionally vague, but essentially the officers must suspect that you drove under the influence to pull you over. Wisconsin law does not have a strict definition. If you get a criminal charge because an officer cited probable cause, discuss your case with an experienced attorney to ensure it was legal.
An officer in Wisconsin will likely cite “The Terry Rule,” which allows officers to question and detain drivers or passengers. They can only perform a “Terry Stop” if the person is a valid suspect. The extent of the search performed should be minimal, and these searches usually occur due to a weapon search, a refusal to provide identification or inconsistency in identification.
Forced to do field sobriety tests
If the officer asks you to do a field sobriety test, such as a Walk-and-Turn test, a One-Leg Stand test or a breath test you can refuse it unless you have a commercial license. You should calmly refuse and the officer will take you to the station where the proper officials will evaluate you on a chemical test result.
There are a lot of nuances when it comes to legal DUI traffic stops. If you believe that the officer behaved illegally, contact a criminal defense attorney as soon as you can.