Question: Will I lose my OWI case if I failed the field sobriety tests in Wisconsin?

Answer: No, absolutely not. The field sobriety tests are used to indicate whether there might be probable cause for the officer to arrest somebody for OWI. That is not the same thing as proof beyond a reasonable doubt that there is somebody who’s operating while intoxicated. So there’s two different things. And there are often cases where there are circumstances why someone would not be able to complete the field sobriety tests, they don’t meet the standardized requirements, but the police are still going to use those to potentially arrest you for a case. That does not mean that that conviction is going to follow automatically.

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