Fond du Lac County v. Andrew Joseph Ludwig, 2025AP183, 8/20/25, District II (one-judge decision; ineligible for publication); case activity
Ludwig appeals from a judgment convicting him of OWI 1st, and challenges the order denying his suppression motion. He contends that the sheriff deputies “unconstitutionally detain[ed him]” by failing to conduct the OWI investigation in a sufficiently diligent manner. COA disagrees and affirms.
A deputy stopped Ludwig for a traffic violation at 2:03 a.m. on a December night, while it was sleeting. The deputy quickly suspected Ludwig was intoxicated and asked for backup. (¶3). The deputy also called a field training officer and trainee to come to the scene. (¶4). When they arrived about ten minutes later, the second deputy transported Ludwig to the sheriff’s department in his squad car to perform field sobriety tests inside due to the weather and road conditions. (¶¶5-7). Ludwig suggested going to his residence, but the deputy did not agree, and Ludwig then agreed to perform the FSTs at the department. (¶8).
The circuit court made various factual findings related to the minutes-long delay, due to the first deputy waiting for backup, and the second deputy’s decision to transport Ludwig to the department for FSTs. (¶¶9-10). The court denied Ludwig’s motion, concluding that the deputies were engaged in the OWI investigation, did not distract from that purpose and did not delay or prolong the stop. (¶10).
On appeal, Ludwig contends that “the continued detention for thirty-one minutes” for FSTs, which included the wait for the second deputy and transport to the department, was unconstitutional. COA affirms, concluding that the investigation, and thus the seizure time, was not unreasonably delayed. (¶¶13-14). “[T]he ultimate touchstone of the Fourth Amendment is reasonableness, … and reasonableness … is measured in objective terms by examining the totality of the circumstances.” State v. Weber, 2016 WI 96, ¶¶18, 34, 372 Wis. 2d 202, 887 N.W.2d 554 (citation omitted). First, calling for backup was “standard practice,” and Ludwig does not challenge the practice. (¶15). Second, the bad weather conditions increased the driving time to the department to conduct FSTs, and Ludwig agreed to do the tests there rather than on the side of the road. (¶17).