Legal Question in DUI Law in Wisconsin

No, Miranda warnings are only required in criminal cases when a defendant who is in police custody is being interrogated; failure to give the warning may sometimes lead to suppression of a confession, but nothing more (i.e., the government can still prosecute you if they have sufficient evidence other than the unconstitutionally obtained confession). The government can arrest anyone for whom probable cause of crime commission exists; whether the probable cause is simply a field sobriety test or whether it also involves other evidence, such as a smell of alcohol on the breath, bad driving, or breath tests. Failing the field sobriety test was probably just one piece of the puzzle, but theoretically could alone serve as a basis for arrest. However, a judge could later dismiss the case if your attorney presented a convincing evidence that insufficient probable cause (or reasonable suspicion) existed to detain you. Generally speaking, jail is the only option which is ever offered to drunken driving suspects against whom there is sufficient evidence for a prosecution, regardless of whether or not you failed the field sobriety test. However, a responsible adult may be allowed to assume responsibility for you in order to get you out of jail after you have sobered up for a while. If you are in such a situation, you owe it to yourself to consult with an experienced criminal lawyer who may uncover defenses. My comments here are not intended as legal advice and do not limit me from representing opposing interests against you (particularly since I do not even know the name of the adverse party. My response here is therefore not intended to create a traditional attorney client relationship, although I would be more than happy to discuss possible representation with you via a private email, phone call or via the inquiry link on my office website.