Potential Defenses Against OWI Charges in Wisconsin
Here are some possible defenses against OWI charges in Wisconsin
Operating while intoxicated (OWI) is a serious charge that can lead to the suspension of your license along with fines and potential jail time. While no one wants chronically intoxicated drivers on the road, you likely aren’t too happy about the prospect of losing your driving privileges and freedom if your arrest was based on faulty or dodgy evidence. Should you find yourself facing charges of OWI in court, you still have some defensive possibilities.
Observations and Witnesses
Police have to make subjective observations of your behavior because it’s always possible that you were OWI with less than the legal limit of alcohol or drugs in your system. In other words, you would have passed a breathalyzer test, but you still appeared intoxicated.
However, if you had witnesses who could vouch for your behavior and verify that you were sober, the focus becomes why the officer said you acted intoxicated while everyone around you said you were sober.
If the charges are based on the result of a blood alcohol reading, look for anything wrong with the circumstances in which the test was given. Readings can be substantially off if the test is given during the 30 minutes or so when your body is still absorbing the alcohol, and that could help get charges dismissed (because the reading likely wouldn’t be accurate in that case).
Was There Probable Cause?
If an officer pulls you over, they have to have a reasonable suspicion as to why they stopped you. They can’t randomly pull you over and demand you take a blood alcohol test for the fun of it; they have to have reasonable suspicion that something was wrong with your driving that warranted pulling you over. If you can show there was no basis to stop you, you could get the charges dismissed.
Lack of Consent or Information
When you face a chemical test for alcohol or drugs, you have to give consent, and the officer has to tell you what could happen if you refuse to take a test. If either of these requirements is not satisfied, then the evidence that the officer has from the test could be ruled invalid.
If you’re facing OWI charges, contact Eisenberg Law Offices immediately at (608) 256-8356. Never assume that one of these defenses will apply. You need to speak with a lawyer as soon as possible to be sure which defense might help you.