Legal Question in DUI Law in Wisconsin

Generally speaking, officers and other government officials enjoy sovereign immunity from damage claims resulting from their discretionary decisions made in good faith while on duty. This would probably include a decision allowing a driver who had been drinking, but was probably not sufficiently intoxicated to arrest and still capable of driving, to complete a short trip home. However, sovereign immunity does have its limits; the discretionary action (or inaction) must be taken in good faith as a part of the officer's performance of official duties while on the job and must be consistent with existing law. Certain actions could theoretically stray so far afield from what is legally allowed that sovereign immunity could be challenged, i.e., actions clearly beyond lawful jurisdiction and authority. These would usually include actions based upon personal motives rather than official ones, such as romantic advances, personal grudges, etc. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office in Racine to discuss any additional questions which you may have or to set up a free consultation.