When a former NFL quarterback gets pulled over, the whole country watches the body-cam footage. But the Tony Romo traffic stop in Milwaukee is more than a sports headline. It’s a textbook example of a question I hear constantly as an OWI defense lawyer at Cafferty, Scheidegger & Johnson: “Can’t I just call my lawyer during a traffic stop?”
The short answer surprises most people. Here’s what actually happened, and what Wisconsin law says.
Update, 31 July 2026. Court records and Milwaukee County Sheriff’s Office body-camera footage reported since this was published show Romo also refused the evidentiary breath test after arrest, not only the roadside device, and was cited for refusing a chemical test alongside the OWI. That is a separate case with its own 10-day deadline, and we covered what it means here: Tony Romo refused the test. In Wisconsin that starts a second case with a 10-day clock.
What happened
According to TMJ4’s reporting, Tony Romo (the former Dallas Cowboys quarterback and CBS analyst) was pulled over on the Marquette Interchange for unsafe passing on the right. He told the deputy he’d come from a golf tournament and was on his way to see his grandparents, and he denied drinking.
During the stop, Romo asked several times to speak with his attorney. He went on to perform poorly on field sobriety tests and refused a preliminary breath test. He was ultimately cited for operating while intoxicated (OWI), possession of open intoxicants in a motor vehicle, and unsafe passing on the right. He faces roughly $1,600 in fines plus a possible one-year license revocation. (Romo has only been cited, not convicted, and is presumed innocent.)
You can watch the full stop unfold for yourself, including the moments where Romo asks for his lawyer:
Full body-cam video of the stop. Source: Law&Crime Network on YouTube.
The part everyone gets wrong: your right to an attorney
When TMJ4 covered the stop, they asked me to explain why Romo’s request to call a lawyer wasn’t granted at the roadside.
My answer gets to the point most drivers misunderstand: during an ongoing OWI investigation, before you’re formally under arrest, you generally do not have the right to stop everything and consult a lawyer. Pausing the investigation so counsel can step in would be improper. And realistically, if a client could get me on the phone mid-stop, my advice would be the same every time: be cooperative, be polite, and don’t volunteer information.
In other words, the deputy following protocol here isn’t unusual. It’s the norm, and it’s exactly why what you do and say before you’re arrested matters so much.
What this means for you
You don’t have to be a celebrity to end up in Romo’s shoes. A few takeaways if you’re ever stopped in Wisconsin:
- You are required to provide your license and basic information, and to comply with lawful commands.
- Field sobriety tests are voluntary. How you perform on them can be used against you.
- Refusing a preliminary breath test at the roadside carries consequences, but so does taking one. This is where things get complicated fast.
- Wisconsin’s “Informing the Accused” and implied-consent rules kick in after arrest, and the timing of when you can reach a lawyer is very specific.
- Stay polite and don’t argue on the roadside. The place to fight the case is in court, with an attorney, not on the shoulder of the Marquette Interchange.
Charged with an OWI in Southeastern Wisconsin?
An OWI charge is not a conviction, and Wisconsin’s OWI laws are far more nuanced than a single body-cam clip can show. The details of how a stop was conducted, whether tests were administered correctly, and when your rights attached can all change the outcome, starting with whether it’s a first offense or something more serious.
If you or someone you know has been cited for OWI in Racine, Kenosha, Milwaukee, or anywhere in Southeastern Wisconsin, contact Cafferty, Scheidegger & Johnson for a confidential consultation. We defend these cases every day.
This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship.
