Wisconsin OWI charges carry stiff penalties, including the possibility of jail time, steep fines, and losing your driver’s license. While the consequences for a drunk driving conviction are harsh, there’s hope to avoid them. A skilled attorney can help you reduce your penalties or have them dismissed entirely.
Strategies for Fighting Wisconsin OWI Charges
The right strategy for contesting an OWI charge depends on the facts of your case. Some options your lawyer might pursue include:
Challenging the Traffic Stop
Your lawyer may examine whether the officer had a valid reason to pull you over. In Wisconsin, law enforcement must have reasonable suspicion of a traffic violation or criminal activity. If the police based a stop on a vague hunch or unjustified suspicion, your attorney can argue that any evidence collected afterward – like field sobriety tests or chemical results – should be thrown out. Prosecutors might dismiss your charges if they don’t have enough evidence for a conviction.
Questioning the Accuracy of Chemical Tests
Breath and blood tests in OWI cases are not always accurate. The police must regularly calibrate the equipment, and officers must follow strict procedures when using testing devices. Your defense attorney can investigate whether the police followed proper testing protocols, whether the machine was functioning properly, and whether the police handled the sample correctly. Even minor errors in the testing process can create doubt about the evidence’s credibility and may lead to reduced penalties or dismissed charges.
Challenging Field Sobriety Tests
Field sobriety tests are subjective and easily influenced by factors unrelated to a driver’s intoxication (or lack thereof). Uneven pavement, poor weather, nervousness, or even how the police issue instructions can all impact the results. If you have a medical issue that affects your balance or coordination, your lawyer can argue that your performance on these tests doesn’t prove you were impaired.
Medical Conditions That Affect Test Results
Certain health conditions can mimic signs of intoxication or interfere with DUI test results. For example, diabetes, acid reflux, neurological disorders, and even anxiety can cause symptoms or chemical reactions that lead to false positives or misleading observations. Your attorney can use your medical records or expert testimony to explain how your health condition may have impacted the officer’s assessment or the chemical test results.
Highlighting Violations of Your Rights
If the police failed to respect your constitutional rights – by skipping your Miranda warnings, conducting an illegal search, or coercing a statement from you – your lawyer can move to suppress the evidence. Without evidence from the traffic stop or DUI tests, prosecutors might drop your charges or offer a better plea bargain.
What to Do After a Wisconsin Drunk Driving Arrest
Don’t assume you can’t get your OWI charge dismissed or reduced after an arrest. Follow these steps after the police pull you over or take you into custody to aid your defense and avoid making your situation worse:
- Don’t say anything other than to ask for an attorney
- Politely refuse any field sobriety tests
- Remember everything you can about your arrest so you can tell your lawyer later
- Comply with any chemical breath or blood tests
- Hire a lawyer right away
Jasti Zehawi & Johnson LLC has a proven history of helping people avoid the worst consequences of an OWI arrest. We’re ready to defend your rights and convince prosecutors to reduce or dismiss your charges. Call now or complete our contact form for a free consultation.