Fighting Your Wisconsin DUI/OWI Charge
The common perception is that nothing can be done after you have been arrested for a DUI/OWI charge in Wisconsin, especially if a chemical test result is above .08, legal limit in Wisconsin. This is simply not true. Wisconsin drunk driving cases can be successfully defended. A guilty plea is not your only choice. Depending of the facts of your particular case, a skilled Milwaukee DUI Defense Attorney may be able to raise various defenses. These DUI/OWI defenses can lead to the suppression of evidence, the dismissal or your case, or a not guilty verdict.
The Prosecutor’s case is usually based on three critical types of evidence, each of which can be challenged:
– The officer’s observations of your driving and appearance.
– Your performance on field sobriety tests.
– The chemical tests results indicating blood alcohol concentration.
Challenging the Arresting Officer’s Observations
The arresting officer must have a reasonable suspicion of unlawful conduct to stop you and probable cause to arrest you. If reasonable suspicion for the stop or probable cause for the arrest was lacking, your case could be dismissed. The officer may testify that you drove carelessly, but not all driving mistakes justify a stop.
The officer may testify that you had blood shot eyes, slurred speech, or an unsteady gait. An Experienced OWI Defense Attorney can effectively argue that none of these behaviors or physical circumstances necessarily mean you were intoxicated.
Challenging the Field Sobriety Test Results
Field sobriety tests are given to determine probable cause to arrest you. They can also be used as evidence of impairment at your trial. The officer must administer and score them in accordance with specific directions. Even when administered correctly, these tests are not very accurate in establishing intoxication. Poor performance on the tests can often be explained by a host of reasons other than intoxication. Some possibilities are injury, illness, advanced age, footwear, obesity, road conditions, lighting, and nerves.
Challenging Chemical Test Results
Chemical test results are not perfect! Machines are not perfect! Breath and blood tests must be administered in accordance with established protocols and procedures to be considered valid. Irregularities with the way your blood or breath test was conducted and analyzed can lead to suppression of the results or reasonable doubt about their accuracy.
An experienced Milwaukee/Green Bay/Appleton DUI attorney will be familiar with a variety of ways to attack the tests. Here are but a few possibilities:
· Before administering any chemical tests, the officer must read you the implied consent law. If you submit to a test, the police must allow you to take an additional different test if you request it. Failure to do either violates your rights.
· Before a breath test, the officer must observe you for a period of time to make sure you don’t burp or regurgitate or have substances in your mouth that could affect the results. Breath testing devices must be properly maintained and calibrated. The test must be administered by a qualified person. Certain medical conditions can cause greatly elevated breath test results.
· Blood samples must be taken by a physician, nurse, or other qualified personnel. Blood and urine samples must be properly collected, labeled, and preserved to avoid contamination or the possibility of mixing your sample with someone else’s. The lab equipment must be in proper working order and the lab technicians must have certain credentials.
· Your test result may be higher than your actual alcohol concentration at the time of driving because you were stopped right after drinking and the alcohol did not get into your blood until later when you were tested (the rising alcohol defense).
Contact Top Rated DUI Lawyers for Experienced Defense
We are dedicated to providing DUI defendants with the best possible defense. The chances of achieving a positive result increase when your case is properly prepared. Our firm is known for its careful preparation and thorough investigation and research. The DUI defense attorney assigned to your case will work tirelessly to develop a compelling defense.
Contact Vanden Heuvel & Dineen, S.C., for a Free Case Evaluation.