When the founders decided to require warrants before the government could search someone, what rights were they trying to protect? They wanted to free Americans from an intrusive government seeking to take their liberty without due process. They wanted to protect our...
Drunk Driving
Supreme Court: Cops in hot pursuit may still need a warrant
The Fourth Amendment to the U.S. Constitution protects Americans from “unreasonable” searches and seizures by the government. That doesn’t always mean that police officers need a warrant before they can search you, but courts start with the base assumption that a...
Can police follow you into your home over an alleged misdemeanor?
Arthur L. was playing his music loudly and honking his horn. That got the attention of a California highway patrol officer, who began following Arthur from a distance. The officer intended to initiate a traffic stop but didn’t take any action like activating his...
New York Times investigation finds OWI breath tests unreliable
Each year in the United States, about a million people are pulled over on suspicion of drunk driving. In virtually all of those cases, the driver is asked to blow into a breathalyzer-style machine that estimates their blood-alcohol content. If it's above a certain...
High court ruling puts over 20,000 New Jersey DUIs in question
According to constitutional principles, when the government acts illegally during a criminal case, it is not allowed any benefit from its illegal actions. This is the basis of the exclusionary rule, which prohibits the use of evidence that was obtained illegally, such...
Police officers try new test kits to check for drugged driving
Although Wisconsin police officers are trained to recognize when drivers are most likely drunk, establishing whether drivers are high presents a different challenge. The state of Wisconsin does employ drug recognition training to teach officers what to look for, but...
OWI Charges Could Be Dismissed If Police Fail to Follow Procedure
If you have been arrested for drunk driving you might think you are at the mercy of the arresting officer. However, one of the best defenses available to you may be to think offensively about your arrest. The arresting officer must follow police protocol. If she...
I’ve just been stopped for a DUI, what do I do?
Many people are arrested every day in this country for driving under the influence. Most of them are good people who made an unfortunate mistake, but that doesn't mean they won't face some serious consequences as a result of their actions. What some don't realize is...
Rare medical condition was to blame for woman’s drunk driving
Over the years, DUI defendants here in Wisconsin have presented some pretty creative explanations for why the charges against them were erroneous. While some of these explanations are fictitious, others are true. And sometimes, the most outrageous sounding stories...
Holiday is no holiday for police on lookout for drunk drivers
The many Wisconsin motorists who have been traveling the roads during this holiday season have possibly noticed an increase in police presence. This year, local law enforcement is strengthening its force on the roads, aiming to catch drunk drivers and make...