OWI Defense Strategies in Waukesha County, Wisconsin

 Posted on December 06,2021 in DUI/OWI

A conviction for drunk driving can have significant legal and financial implications. Operating while intoxicated (OWI) can lead to fines and loss of your driver’s license. Second and subsequent OWI convictions are penalized even more harshly. Some OWI offenses even result in jail time. If you or a loved one were accused of drunk driving, it is important to explore your legal options.

How to Defend Yourself Against an OWI or DUI in Wisconsin

Being accused of a crime like drunk driving or drugged driving does not necessarily mean you will be convicted of the offense. As with all criminal charges, the prosecution must prove your guilt beyond a reasonable doubt. An experienced criminal defense attorney may use many different tactics to cast doubt on your guilt or prove your innocence.

Understanding Probable Cause in a DUI Case  

Police do not have free reign to pull over drivers for no reason. Officers must have a reasonable suspicion that the driver has committed a crime. For example, if police see you run a red light or weave in and out of traffic, they have the right to pull you over. If police pull over a driver without a valid reason for doing so, any evidence obtained during the traffic stop may be inadmissible under the exclusionary rule. Evidence, such as the results of a breathalyzer test, would be unusable during future legal proceedings.

Field Sobriety Tests and Chemical BAC Tests Can Be Flawed

Field sobriety tests such as the walk-and-turn test or horizontal gaze nystagmus test are designed to test for signs of impairment. However, these tests are only accurate about 60- 80 percent of the time. Medical conditions, injuries, and other factors can make a person fail these tests even if they are sober.

Chemical blood alcohol content (BAC) tests including breath tests and blood tests can also be flawed. Breath tests like breathalyzers may produce inaccurate results if the equipment is not properly calibrated or if the person conducting the test makes a mistake. Blood samples that are not stored properly can generate false positives. Your attorney may challenge the validity of these types of tests to cast doubt on your guilt.

Contact a Milwaukee County OWI Defense Lawyer

If you or a loved one were accused of drunk driving or drugged driving, contact an Ozaukee County criminal defense lawyer from Bucher Law Group, LLC for help. We can protect your rights and start building a strong defense right away. Call 262-303-4916 for a free consultation.

Source: 

https://www.verywellmind.com/field-sobriety-test-67159