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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. Russell - 12/7/2005
Charles S. Russell appeals from his judgment of conviction for operating a motor vehicle while intoxicated on the theory that the prosecutor denied him a fair trial by directly commenting in her closing argument on his decision not...

State v. Anderson - 11/23/2005
Mark Anderson appeals the judgment of conviction for operating while under the influence of an intoxicant (OWI) in violation of WIS. STAT.§ 346.63(1)(a), third offense. He contends the circuit court erred in denying his motion to...

State v. Delebreau - 11/15/2005
Patrick Delebreau appeals his conviction for operating while under the influence, second offense, contrary to WIS. STAT. § 346.63(1)(a). Delebreau argues that the arresting officer lacked reasonable suspicion for the investigatory...

State v. Smet - 11/9/2005
Before Snyder, P.J., Nettesheim and Anderson, JJ. Joseph L. Smet appeals from a judgment of conviction for operating a motor vehicle with "a detectable amount of a restricted controlled substance" in his blood, contrary to WIS....

State v. Ashmore - 10/27/2005
Before Dykman, Deininger and Higginbotham, JJ. Ronald Ashmore appeals his convictions for a fourth offense of operating a motor vehicle while intoxicated with a passenger under the age of sixteen (OWI-4th) and disorderly...

State v. Fleming - 10/6/2005
Steve A. Fleming appeals a judgment of conviction for operating a motor vehicle with a prohibited alcohol concentration, third offense, and operating a motor vehicle with a revoked driver's license and an order denying his...

State v. Voigt - 10/4/2005
Before Cane, C.J., Hoover, P.J., and Peterson, J. Matthew Voigt appeals a judgment of conviction for four counts of injury by intoxicated use of a motor vehicle and one count of homicide by intoxicated use of a motor vehicle,...

State v. Fahey - 6/30/2005
Before Deininger, P.J., Vergeront and Lundsten, JJ. Patrick J. Fahey appeals a judgment of the circuit court finding him guilty of operating a motor vehicle while intoxicated. Fahey was arrested for driving while intoxicated...

In re Refusal of English - 6/29/2005
Vincent W. English appeals from an order finding that he improperly refused to submit to a chemical test. He argues that his refusal to perform a field sobriety test was improperly used by the arresting officer as a factor...

State v. Fonte - 6/15/2005
Motion for reconsideration is denied without costs October 21, 2005. REVIEW of a decision of the Court of Appeals. Reversed and cause remanded with directions. The State seeks review of a court of appeals decision...

State v. Leszcynski - 6/1/2005
The State of Wisconsin appeals an order that Jo Ann Leszcynski's refusal to submit to a blood test after being arrested for operating while under the influence of an intoxicant (OWI) was reasonable. We conclude that Leszcynski was...

Eau Claire County v. Mader - 5/24/2005
Craig Mader appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI). He contends the officer did not have probable cause to arrest him and therefore the evidence resulting from...

Village of Cross Plains v. Haanstad - 5/12/2005
The Village of Cross Plains appeals a trial court order granting Kristin J. Haanstad's motion to dismiss two citations for Operating a Motor Vehicle While Under the Influence of an Intoxicant (in violation of Village Ordinance 26.01,...

State v. Yulga - 5/5/2005
Amy Yulga appeals the circuit court judgment convicting her of one count of possession of marijuana. Yulga was convicted after a police officer found marijuana and drug paraphernalia during the course of a traffic stop involving...

State v. Moore - 4/27/2005
Steven T. Moore appeals from an order determining that he unlawfully refused to submit to a chemical test in violation of WIS. STAT.§ 343.305. At the refusal hearing, the State presented plausible evidence that the arresting officer...

State v. Miller - 4/27/2005
Brad S. Miller appeals from a judgment of conviction for operating a motor vehicle while intoxicated, fifth offense, (OWI) contrary to WIS. STAT.§ 346.63(1)(a) (2003-04), and an order denying his post-conviction motion. He raises two...

State v. Sykes - 4/22/2005
REVIEW of a decision of the Court of Appeals. Affirmed. Michael D. Sykes requests review of an unpublished decision of the court of appeals. The court of appeals affirmed an order of the circuit court for Washington County,...

In re Refusal of Hogan - 4/14/2005
Joseph Hogan appeals the circuit court order determining that his refusal to submit to chemical testing of his blood was unreasonable and revoking his operating privileges for two years. He contends that he was arrested when the...

State v. Warren - 4/14/2005
Craig Warren appeals a judgment convicting him of a third offense of operating a motor vehicle under the influence of an intoxicant (OMVWI) and a fourth-offense operating after revocation (OAR). Warren claims that the circuit court...

Strenke v. Hogner - 3/18/2005
. This case is before the court on certification from the court of appeals. The defendants-appellants, Levi Hogner and NAU Country Insurance, assert that there was insufficient evidence to allow the issue of punitive damages to go to...

State v. Bowers - 3/9/2005
. Richard L. Bowers appeals from a judgment of conviction for operating while intoxicated (5th+) (OWI) contrary to Wis. Stat. § 346.63(1)(a) (2003-04) and an order denying his post-conviction motion for resentencing. In the context of...

State v. Dunbarger - 2/23/2005
. Chad Dunbarger appeals a judgment of conviction for operating a motor vehicle while under the influence of an intoxicant (OWI), second offense. He argues his conviction should be reversed because the person who drew his blood for...

State v. Duerst - 2/17/2005
. The State appeals from an order to dismiss a charge of operating while intoxicated (OWI)-fourth offense against Todd Duerst. Duerst has three prior convictions for OWI, but his most recent conviction was for OWI-second offense....

State v. Ryan - 2/3/2005
. James D. Ryan appeals the judgment of conviction for operating a motor vehicle while intoxicated (OWI) in violation of Wis. Stat. § 346.63(1)(a), second offense, and the court's order revoking his operating privileges for...

State v. Gragg - 2/1/2005
. After the denial of a motion to suppress, Jerry D. Gragg entered a guilty plea to operating a motor vehicle while intoxicated, second offense, in violation of Wis. Stat. § 346.63(1)(a). This appeal followed. Although Gragg does not...

State v. Hipke - 1/27/2005
. Robert M. Hipke appeals a circuit court judgment convicting him of operating a motor vehicle while intoxicated as a third offense. Hipke asserts that the circuit court erred in denying his motion to suppress because the police...

In re Curry - 1/19/2005
. Michael A. Curry appeals an order finding that he improperly refused to take a blood alcohol test pursuant to our implied consent law, Wis. Stat. § 343.305. His claim is that he was subjectively confused about whether he had a right...

State v. Lindskog - 1/12/2005
. Marc A. Lindskog contends that a "DUI" in Illinois cannot be counted as a prior offense in Wisconsin because it was resolved with a "supervision agreement" without the entry of a judgment of conviction. We reject his contention and...

State v. Balli - 1/12/2005
. Rolando Balli was granted leave to appeal the circuit court's order that the State could count his two prior Illinois drunk driving offenses even after he successfully completed court-ordered supervision. We agree with the circuit...

City of West Bend v. Wilkens - 1/12/2005
. This case involves a question of admissibility versus weight of the evidence. Richard B. Wilkens, convicted of operating a vehicle with a prohibited alcohol concentration, complains that the field sobriety tests (FSTs) the arresting...

State v. Janda - 1/11/2005
. Jeffery R. Janda appeals from a judgment entered on his no-contest plea convicting him of operating an automobile while under the influence of an intoxicant. See Wis. Stat. § 346.63(1)(a). He contends that the trial court...

State v. Smith - 1/11/2005
. Dale L. Smith appeals from a judgment entered after a jury found him guilty of operating a motor vehicle while intoxicated, second offense. He also appeals from an order denying his post-conviction motion. Smith contends that the...

State v. Bruestle - 12/15/2004
. Claus Bruestle appeals from judgments finding him guilty of operating a motor vehicle while intoxicated (OWI) contrary to Wis. Stat. § 346.63(1)(a) and guilty of operating a motor vehicle with a prohibited alcohol content (PAC)...

In re Refusal of Daca - 12/2/2004
Wisconsin State Trooper Mike Vasquez arrested Daca for operating under the influence of an intoxicant or other drug in violation of Wis. Stat. § 346.63(1). A video camera mounted in Vasquez's car and a microphone attached to Vasquez's belt...

State v. Lochemes - 12/1/2004
Robert J. Lochemes appeals from an order revoking his driving privileges for two years and denying his request for reconsideration. The circuit court's order found that Lochemes had unlawfully refused to submit to a chemical blood test for...

State v. List - 11/24/2004
On February 20, 2002, Arthur List was arrested for OWI after crashing his vehicle into a ditch in rural Dane County. List committed a separate drunk driving offense in Illinois for which an Illinois court placed List on eighteen months'...

State v. Hutchinson - 11/24/2004
This case arises out of an extra-jurisdictional stop made by an off-duty police officer who suspected Larissa A. Hutchinson of driving while intoxicated. The State justified the stop as a "citizen's arrest" by the officer, but the trial...

State v. Repenshek - 11/18/2004
The pending charges against Repenshek are based on a traffic collision that occurred shortly after 4:00 p.m. on a two-lane highway. Repenshek was driving a pickup truck that clipped the back end of a second pickup truck. Repenshek's truck...

State v. Austin - 11/17/2004
On the night of October 16, 2003, Angela Kuopus was driving on Port Washington Road in Mequon when she observed another vehicle cross the center line long before it was to make a turn and nearly go into a ditch. Kuopus decided to follow...

Winnebago County v. Lankford - 11/17/2004
The underlying facts are undisputed. On August 23, 2003, Lankford was arrested for operating a motor vehicle while intoxicated (OWI). An Intoximeter chemical test of Lankford's breath produced an alcohol concentration result of 0.18. As a...

Winnebago County v. Lankford - 11/17/2004
The underlying facts are undisputed. On August 23, 2003, Lankford was arrested for operating a motor vehicle while intoxicated (OWI). An Intoximeter chemical test of Lankford's breath produced an alcohol concentration result of 0.18. As a...

Rico v. Midwest Security Insurance Co., - 11/11/2004
Olga Rico appeals from a judgment dismissing her personal injury action against Thomas Benner and Midwest Security Insurance Company. We affirm. . Rico and Benner agreed during their trial testimony on the basic facts of the...

State v. Schmidt - 11/11/2004
On April 10, 2003, Schmidt was involved in a one-vehicle accident and walked from the scene to his parents' house. Jackson County Deputy Sheriff Michael Tauscher arrested Schmidt there for operating a motor vehicle while intoxicated, after...

City of Pewaukee - 11/4/2004
The facts of this case are not in dispute. At approximately 7:30 a.m. on July 27, 2001, after his involvement in an automobile accident, Thomas L. Carter (the defendant) was cited by the City of Pewaukee for operating a motor vehicle while...

State v. Vigil - 10/28/2004
These judgments of conviction arise from two separate incidents. On May 22, 2002, Karen Eiler was running an errand and walking her dog in downtown Madison. As she cut through an alley on University Avenue, she was confronted by a man who...

State v. Lund - 10/28/2004
A Rock County sheriff's deputy arrested Lund after observing him driving his vehicle erratically on the wrong side of the road. The deputy pulled him over and observed that his eyes were bloodshot and his speech slurred. When asked if he...

State v. Westberg - 10/27/2004
We are obliged to revisit Kris A. Westberg's arrest on third offense drunk driving charges. In State v. Westberg, No. 02-2206-CR, unpublished slip op. (WiS.Ct. App. Feb. 12, 2003) (Westberg I), we held that there was reasonable suspicion...

State v. Hawe - 10/20/2004
Andrew J. Hawe was arrested for operating a motor vehicle while intoxicated and after being read the informing the accused form, he refused to take a chemical test of his blood. So, Hawe was transported to a hospital where a blood test was...

State v. Deleon - 10/13/2004
. Cesar Diaz Deleon has appealed from a judgment convicting him of three counts of kidnapping, party to the crime, in violation of Wis. Stat. §§ 939.05 and 940.31(1)(a) (1999-2000), and from an order denying his motion for sentence...

State v. Kinison - 10/7/2004
After a bench trial on April 1, 2004, Kinison was convicted of OWI, first offense, and speeding 35 miles per hour or more over the speed limit.*fn3 Andrew Emmel, a trooper with the Wisconsin State Patrol for 10 years, was the only person...

State v. Pugh - 9/30/2004
David Pugh appeals a judgment of conviction for operating a motor vehicle while intoxicated in violation of Wis. Stat. § 346.63(1)(a). He contends the trial court erred in denying his motion to suppress evidence based on lack of probable...

State v. Minnig - 9/30/2004
The facts are not disputed. On January 25, 2004, at approximately 1:30 a.m., Minnig was driving his truck on the frozen surface of Beaver Dam Lake. Minnig was returning from a tavern on the other side of the lake. Sheriff Corporal Paul...

In re Commitment of Bush - 9/28/2004
Thomas Bush appeals an order denying two pretrial motions challenging the constitutionality of Wis. Stat. ch. 980.*fn1 We conclude Bush is procedurally barred from raising these challenges and therefore affirm the order. . In...

State v. Mola - 9/23/2004
Thomas Mola appeals an amended judgment convicting him of fleeing an officer and operating while intoxicated (OWI) as a fourth offense, an amended judgment convicting him of OWI as a fifth offense, and an amended judgment convicting him of...

State v. Allain - 9/23/2004
The controlling facts as established at the suppression hearing are not in dispute. On March 26, 2003, at approximately 1:45 a.m., Dane County Deputy Sheriff Robert Ladik was driving south through the Town of Dunn on Highway 51 in an area...

State v. Albers - 9/21/2004
Mark Albers appeals judgments of conviction for operating a motor vehicle while intoxicated (OWI), fifth and sixth offenses. His second OWI conviction was charged as a civil forfeiture, and he was not represented by an attorney. However,...

State v. Griese - 9/9/2004
Officers of the Horicon Police Department stopped Griese for driving with a burned out tail light. After making contact with Griese, the officers suspected that he might be driving while intoxicated. Rather than have him perform field...

State v. Hansen - 9/8/2004
Andrew M. Hansen appeals from an order entered after a refusal hearing under the implied consent law, Wis. Stat. § 343.305, which revoked Hansen's driving privileges for one year. The circuit court determined that Hansen wrongfully refused...

State v. Hansen - 9/8/2004
Andrew M. Hansen appeals from an order entered after a refusal hearing under the implied consent law, Wis. Stat. § 343.305, which revoked Hansen's driving privileges for one year. The circuit court determined that Hansen wrongfully refused...

City of Sheboygan v. Zimbal - 9/8/2004
Jason R. Zimbal appeals his conviction for operating with a prohibited blood alcohol concentration and the circuit court's order denying his motion to suppress evidence.*fn2 He argues that the police did not have probable cause to arrest...

State v. Verkuilen - 9/8/2004
Edward Verkuilen appeals a judgment convicting him of fifth-offense driving while intoxicated and an order denying his post-conviction motion in which he requested that the sentence be reduced to the maximum allowed for fourth-offense...

State v. Middaugh - 9/1/2004
On January 24, 2003, the State filed a criminal complaint against Middaugh alleging OWI, second offense, and operating with a prohibited alcohol concentration. The complaint alleged that on December 13, 2002, Officer Charles Beckford of...

City of Appleton v. Schleinz - 8/31/2004
On July 4, 2003, at approximately 9:15 p.m., officer Nathan Mrnak was driving in his squad car when he heard an engine revving and noticed a car moving toward him at a high rate of speed. He did not get a radar reading on the car, but...

State v. Kidd - 8/26/2004
Kidd was convicted of two separate charges of OMVWI in 1991, his second and third offenses.*fn3 Kidd appeared pro se in each case and entered a plea of no contest in the first and of guilty in the second. In this case, he was found guilty...

City of Madison v. Spruill - 8/26/2004
The parties stipulated to the contents of the arresting officer's report and the officer's training as the evidentiary bases for the circuit court to decide the motion to suppress. The report states that at approximately 2:16 a.m. on...

State v. Martinez - 8/25/2004
On April 22, 2003, the State filed a criminal complaint against Martinez alleging one count of battery and one count of disorderly conduct following a dispute with his wife, C.M. According to the complaint, a friend of C.M. received a...

State v. Filtz - 8/25/2004
On August 27, 2002, the Village of East Troy Police Department was called about a hit-and-run accident in the parking lot of the East Troy House. Officer Karen Barnett was dispatched to investigate the accident. At the East Troy House,...

State v. Thompson - 8/19/2004
Michael Thompson appeals from a judgment convicting him of a fifth offense of operating a motor vehicle while intoxicated (OWI-5th) and two orders denying his motions for post-conviction relief. Thompson claims the trial court erred in...

State v. Gocker - 8/11/2004
Given that the trial court has considerable latitude in shaping the scope of recross-examination, we affirm its decision that Paul A. Gocker could not question a sheriff's deputy concerning whether a drunk driving suspect can be forced to...

State v. Stenzel - 8/11/2004
Walter I. Stenzel challenges the fourteen-year sentence imposed after his conviction on two counts of homicide by intoxicated use of a vehicle and one count of injury by intoxicated use of a vehicle. He asserts that the circuit court...

State v. Barnard - 8/10/2004
On October 27, 2002, around 2:25 a.m., Officer Tom Meilinger was on patrol in a marked squad car in Kimberly. While he drove west on Kimberly Avenue, Meilinger observed a vehicle approaching him. The vehicle, which was not being driven...

State v. Raye - 8/10/2004
Raye was charged with operating a motor vehicle while intoxicated and operating with a prohibited alcohol concentration, both as third offenses. A jury returned a verdict acquitting him of the OWI but convicting him of the PAC. Raye asked...

State v. Raye - 8/10/2004
Raye was charged with operating a motor vehicle while intoxicated and operating with a prohibited alcohol concentration, both as third offenses. A jury returned a verdict acquitting him of the OWI but convicting him of the PAC. Raye asked...

State v. Fonte - 8/4/2004
On July 16, 2001, several days after attending a concert at Alpine Valley, Fonte and a group of friends gathered in Lake Geneva. Fonte and his friends rented a motorboat to spend the day on Geneva Lake before they went their separate ways....

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...

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