After multiple Wisconsin DUI arrests, it is common to be placed on probation after serving reduced time in jail. During probation, a Wisconsin DUI offender will have meetings with a probation agent. These meetings are important to get to on time and sober, especially if absolute sobriety is a condition of probation. Probation agents can call Wisconsin police officers to administer breath tests on DUI offenders on probation. A failed breath test can mean an arrest.
According to recent case law, a woman appealed her arrest for drunk driving after her probation agent called the Wisconsin police to administer a breath test. She claimed the breath test was an unlawful “police search.” Generally, a Wisconsin police officer may administer a Preliminary Breath Test (PBT) to any driver when there is reason to make a stop in the first place. In this case, the Court found that requesting the breath test was a lawful probation search. This means that a Wisconsin probation agent is allowed to request a breath test at the probation office.
If you have reason to believe you were unlawfully arrested for a Wisconsin DUI, contact Attorney Nathan J. Dineen of Vanden Heuvel & Dineen, S.C. at 1-877-DUI(384)-6800 for a free Case Review. Attorney Dineen is a certified Standardized Field Sobriety Test Instructor and Drug Recognition Evaluator (DRE). He practices 100% DUI Defense in Wisconsin. Have the experience and knowledge of a Wisconsin DUI Defense attorney on your side!