What are Common Defenses to Wisconsin DUI Charges?

 Posted on April 25, 2019 in DUI/OWI

Wisconsin police law enforcement and the courts do not take OWI charges lightly. In the state of Wisconsin, even a first offense of operating a vehicle while intoxicated can result in a fine of up to $300, a $435 OWI surcharge, a six- to nine-month driver’s license revocation, and a significant mark on your criminal record.

In recent years, Wisconsin lawmakers have pushed to make consequences for first-time OWI offenses more strict, although lawmakers typically punish OWI charges to the fullest extent of the law. However, there are certain elements a strong DUI defense can focus on to help mitigate the consequences.

What a DUI Prosecutor Must Prove 

In criminal cases, the burden of proof lies with the prosecutor, hence the saying, “innocent until proven guilty.” The prosecutor must prove that you were operating a motor vehicle and that you were, in fact, under the influence of alcohol or drugs at the time you were operating the vehicle.

Defenses to OWI

There are many points you can focus on when creating a defense strategy against OWI charges. It is critical you confer with a skilled DUI attorney to build a defense that is tailored to your case. Here are some common defenses that may help you form a defense strategy:

Unlawful traffic stop: In order for the police to legally pull you over to test you for intoxication, they must have probable cause to do so. In other words, police cannot just randomly pull you over, they must have a reason. If you can prove the police did not have probable cause you were driving under the influence, you may be able to have your charges dismissed.

You were not informed of your Miranda rights: Anyone placed under arrest must be informed of their constitutional rights before any questioning. These rights are known as your Miranda rights and include informing the person that they have the right to remain silent and the right to an attorney. If you are not informed of these rights, your case may be dismissed.

Inaccurate breathalyzer: No piece of technology is perfect and that includes breathalyzers. There are factors that can cause an inaccurate blood-alcohol concentration (BAC) reading on a breathalyzer, including pre-existing medical conditions, residual mouth alcohol, and improperly maintained or malfunctioning equipment. 

Contact a Waukesha, WI OWI Defense Attorney

If you were arrested for DUI, these are serious charges that can severely impact your life. For help, contact a skilled Waukesha County OWI defense lawyer. At the Bucher Law Group, LLC, we can help you form a solid defense against OWI charges. Call our office today at 262-303-4916 to schedule a free consultation.

Sources:

https://wisconsindot.gov/Documents/safety/education/drunk-drv/owi-penchrt.pdf

https://www.side.cr/the-4-most-common-legal-defenses-for-dui-charges/