Arrested for Wisconsin DUI Even if You Pass Field Sobriety Tests

A Wisconsin officer will use smell of alcohol, bloodshot eyes, and slurred speech as probable cause for a Preliminary Breath Test (PBT). The smell of alcohol is broad concept because an officer cannot determine the type of alcohol consumed or the amount by “smell.” Bloodshot eyes and slurred speech can occur when alcohol is consumed, however, there may be many other reasons a person has bloodshot eyes or slurred speech. Bloodshot eyes can be due to a person wearing contacts, working in a construction area (i.e. sawdust), recently crying, or allergies. A person’s speech could be slurred due to a recent tongue piercing; the tongue could have been burned by something the person ate or drank, and other natural reasons, such as having a lisp or having a foreign accent. The National Highway Traffic Safety Administration (NHTSA) no longer determines bloodshot eyes, slurred speech, or the smell of alcohol sufficient enough to determine BAC and make an arrest. An officer will use these clues to determine probable cause for the PBT. A person with a BAC over .08 will be arrested and charged with a Wisconsin DUI.