Wisconsin State Patrol to Use Overturned OWI Conviction as Training Tool

Ruling highlights challenges for law enforcement in obtaining warrants overnight

Published on Mar. 1, 2026

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The Wisconsin State Patrol says it will use a recent court ruling overturning a drunken driving conviction as a training tool for its officers. The case involved a 2019 traffic stop where the driver refused a blood draw, and troopers were unable to reach an on-call judge to get a warrant, leading them to order the blood draw without one. The state appeals court later overturned the conviction, saying the troopers should have waited longer to try to obtain a warrant.

Why it matters

The ruling highlights the challenges law enforcement can face in obtaining warrants, especially overnight, and the need to carefully balance public safety with legal requirements. It also raises questions about procedures in counties for reaching on-call judges and the training officers receive on warrant requirements.

The details

In the 2019 case, Brandon Taff was pulled over by Wisconsin State Patrol troopers and arrested on suspicion of drunken driving after a field sobriety test. Taff refused a blood draw, and the troopers made nine calls over 30 minutes trying to reach the on-call judge to get a warrant, but were unsuccessful. Concerned about the dissipation of evidence, the troopers ordered the hospital to conduct the blood draw without a warrant. Taff was convicted, but the conviction was later overturned on appeal, with the court ruling the troopers should have waited longer to try to obtain a warrant.

  • On May 10, 2019, Brandon Taff was pulled over by Wisconsin State Patrol at 1:13 a.m.
  • Over the next 30 minutes, troopers made 9 calls trying to reach the on-call judge to get a warrant.

The players

Brandon Taff

The driver who was pulled over and arrested on suspicion of drunken driving in 2019.

Wisconsin State Patrol

The law enforcement agency that conducted the traffic stop and arrest of Taff.

Judge Mark McGinnis

The on-call judge who did not answer the troopers' calls to obtain a warrant.

Outagamie County Judge Carrie Schneider

The presiding judge for Outagamie County and chief judge for the region, who discussed the county's procedures for reaching on-call judges.

Wisconsin Department of Transportation

The agency that oversees the Wisconsin State Patrol and commented on the case.

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What’s next

The case has been sent back to an Outagamie County court to review the conviction without the blood draw evidence. No hearing has been scheduled yet.

The takeaway

This case highlights the need for clear procedures and training for law enforcement on obtaining warrants, especially during overnight hours when on-call judges may be difficult to reach. It also raises questions about how counties can ensure officers have access to alternative judges if the primary on-call judge is unavailable.