The facts of your question are insufficient to render a complete answer (don't reveal further facts here). You need to hire a local criminal attorney immediately to fight your cause (including attempting to suppress any evidence that may have been illegally obtained). With any luck this case will be dismissed.
The officer doesn't need probable cause to ask you if you drinking. He asked you and you obliging said "Yes.." Voila! The officer now has probable cause because you confessed.
I agree that you want to consult with a local criminal defense lawyer about this. Now.
Probable cause? I think so. I am assuming you appear to be not above the legal drinking age and you told the officer you had been drinking.
Note, wise to tell the truth if you answer, but you do not need to answer. See the link below about talking to police. Watch the videos - perhaps with your friends!
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
In addition to the answers provided by the other attorneys, you should be aware that a year license suspension will result if the offense is reported to the SOS.
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