Updated on November 28th, 2012 at 03:52 pm

How Your Milwaukee DUI Lawyer Will Evaluate the State’s Case Against You

The first thing that your Milwaukee DUI attorney will do after conducting an initial interview with you is to evaluate your case to see if you have the option of trial or plea negotiation available to you. A qualified Milwaukee DUI lawyer will know to carefully and fully analyze every facet of the case being presented by the state. These include any prior criminal record on your part, chemical evidence such as breathalyzer test results and/or blood test results, the results of field sobriety tests, witnesses on behalf of the state, and reports made by officers. Most important is to determine whether each of those parts of the case could be proven by the state beyond reasonable doubt. If one or more of them cannot, then there is a better chance that your charges can be fought.

Whether or not the state can prove if the officer who pulled you over had probable cause to stop you can determine whether the rest of the evidence that the state has against you can even count against you. Proving probable cause means that there must be clear evidence of possible impairment based on your driving symptoms, appearance, demeanor, and conduct.

Related to the issue of probable cause is your reaction to the police officer once you were stopped. A high BAC reading can be called into question if your behavior during the stop was not indicative of impairment. Some examples of non-impaired behavior that you may have demonstrated are immediately pulling off the side of the road once you saw flashing lights or heard the police siren, cooperating when asked questions, agreeing to submit to chemical and field sobriety tests, and having a good recollection of the events of the stop.

In addition to analyzing the state’s evidence against you, your Milwaukee DUI attorney will also analyze what strengths and weaknesses are present in your defense case. A good Milwaukee DUI lawyer will determine what defenses could be used in your case, what penalties you could be facing, what evidence should be used in your defense and how, and what parts of the law could be used in your favor. Fill out the form on this page to contact Vanden Heuvel & Dineen, S.C for help with your DUI defense.