What to Do When a Police Officer Lies on Your OWI Report

You've been arrested for OWI in Wisconsin, and when you finally see the police report, something doesn't add up.

The officer claims you failed field sobriety tests you don't remember failing. The report says you were slurring your words when you know you weren't. Details are exaggerated, or just plain wrong.

It happens more often than you might think. And while it's frustrating, finding inaccuracies in your police report can actually become an important part of your defense.

Why Police Reports Matter in OWI Cases

In Wisconsin, OWI prosecutions depend heavily on evidence. The police report documents the officer's observations, the results of field sobriety tests, and the circumstances of your arrest.

Prosecutors rely on this report to build their case against you.

But police reports aren't always accurate. Officers may misremember details, exaggerate observations, or in some cases intentionally misrepresent what happened. When the report doesn't match reality, it can create opportunities to challenge the charges against you.

Common Inaccuracies in OWI Police Reports

Some of the most common problems defense attorneys find in OWI reports include:

• Exaggerated signs of impairment. Officers are trained to look for specific indicators, such as red or glassy eyes, slurred speech, and the odor of alcohol. Sometimes reports claim these signs were present when they weren't, or overstate their severity.

• Incorrect field sobriety test results. The report may claim you "failed" tests when video evidence shows otherwise. Officers sometimes record signs of impairment that didn't actually occur.

• Improper test administration. Field sobriety tests must be conducted according to specific procedures established by the National Highway Traffic Safety Administration (NHTSA). If an officer doesn't follow the correct protocols (wrong number of passes on the eye test, incorrect timing, missing instructions) the test results may be invalid.

• Inconsistencies with video evidence. Many traffic stops are recorded on dashcam or body camera footage. When the video contradicts what's written in the report, it raises serious questions about the officer's credibility.

How Inaccurate Reports Can Help Your Defense

Discovering that an officer lied or exaggerated in your OWI report doesn't automatically mean your case gets dismissed. But it can significantly impact your defense in several ways.

Suppression Motions

Your attorney can file a motion to suppress evidence if the officer's conduct violated your constitutional rights.

• For example, an officer cannot extend a routine traffic stop to conduct an OWI investigation without reasonable suspicion of intoxication. If the officer claims in the report that you showed signs of impairment, but those signs didn't actually exist, the subsequent investigation may have been unlawful.

When evidence is suppressed, the prosecution loses access to key pieces of its case. Without certain evidence, they may be unable to prove the charges against you.

Attacking Credibility at Trial

If your case goes to trial, the officer's credibility becomes a central issue. When defense attorneys can demonstrate that the officer lied or exaggerated in the police report—especially when video evidence contradicts their written account—it calls into question everything else the officer claims.

Jurors who learn that an officer was dishonest may develop reasonable doubt about the entire prosecution. If the officer can't be trusted on one detail, why should they be trusted on others?

Strengthening Plea Negotiations

Even if your case doesn't go to trial, evidence of officer dishonesty can improve your position in plea negotiations. Prosecutors who recognize weaknesses in their case, including credibility problems with their primary witness, may be more willing to offer reduced charges or favorable terms.

What You Should Do

If you believe the police report in your OWI case contains false or exaggerated information, here's what to do:

• Write down your own account immediately. Document everything you remember about the traffic stop, the field sobriety tests, and your interactions with the officer while the details are fresh.

• Request all available evidence. Your attorney can obtain dashcam footage, body camera recordings, and any other documentation related to your arrest. Video evidence is often the most powerful tool for exposing inaccuracies in police reports.

• Work with an experienced OWI defense attorney. Challenging police reports requires knowledge of proper field sobriety test procedures, constitutional law, and Wisconsin OWI case law. An attorney who regularly handles OWI cases will know what to look for and how to use discrepancies to your advantage. Contact us as soon as possible if you find yourself in this position.

The Bottom Line

Police officers are human, and their reports aren't always accurate. Sometimes mistakes are innocent. Other times, they're not. Either way, inaccuracies in your OWI police report can become a powerful defense tool when handled correctly.

If something in your police report doesn't match what actually happened, don't assume there's nothing you can do. An experienced attorney can review the evidence, identify problems with the officer's account, and build a defense strategy that holds law enforcement accountable for the truth.

Next Steps if You've Been Arrested for OWI in Wisconsin

Attorney Stangl has a proven record of success defending Wisconsin OWI cases, including those with enhancements, as well as all types of criminal cases in both State and Federal Courts.

FREE 10-Minute Legal Consultation

Madison attorney, Pat Stangl, is happy to extend to you a free, no-obligation 10-minute consultation to help you explore your options and obtain the best results.

Madison OWI Attorney Patrick J. Stangl, is committed to exploring options for your best defense and has been defending clients across the state since 1991. To this end, he is pleased to offer at no-obligation a FREE 10-minute consultation to discuss the specifics of your case and take the first step in putting this stressful time behind you.