Review granted in 'State v. Lange'

The Wisconsin Supreme Court on January 14, 2009 granted the petition to review the Court of Appeals decision in this case (2008AP882-CR). The January 21, 2009 Table of Pending Cases [html | pdf] says the issue is:

Whether Washburn County v. Smith, 2008 WI 23, 308 Wis. 2d 65, 746 N.W.2d 248 requires specific indicia of alcohol consumption (such as odor of intoxicants, a driver’s admission of use of intoxicants, presence of alcohol containers) or whether all facts suggestive of impaired use of a motor vehicle may be considered in determining whether there is probable cause to arrest for OWI.

See 'Washburn County v. Smith' 2008 WI 23

Overturned OWI conviction sent to state Supreme Court, by Kevin Murphy, The Capital Times (via WisPolitics)

Wisconsin Supreme Court Accepts Two More Cases, Including Question of Probable Cause to Arrest for OWI, by Jessica E. Slavin, Marquette University Law School Faculty, January 21, 2009