A Breath Test is a Lawful Police Search When Administered at a Probation Office

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 Nathan J. Dineen Attorney At Law at 1-877-384-6800 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!