Not every person facing DWI or OWI charges in Wisconsin is guilty. In fact, there are many issues that can negatively impact a traffic stop, prompting a police officer to place you or another motorist under arrest on DWI suspicion, even if you or the other driver never consumed a drop of alcohol or any type of drug. It happens all the time, and the key to avoiding conviction in such circumstances often lies in how much you know about your rights and the arrest process ahead of time.
For instance, are you aware of the distinct difference between a preliminary alcohol screening (i.e., a field sobriety breath test) and a chemical Breathalyzer test? Many Wisconsin motorists mistakenly believe these are one in the same test when, in fact, they are not. Knowing the difference and understanding how to protect your rights may greatly affect the outcome of your situation if a police officer thinks you’ve been driving while impaired.
What’s your best defense option?
Nothing can ruin a social event or vacation like winding up in the back of a police car, on your way to jail for suspected drunk driving. If you did imbibe an alcoholic beverage before getting behind the wheel, you may really have your work cut out for you to retain your driver’s license and preserve your freedom. It’s often possible although it helps to have experienced guidance by your side. The following list includes possible defense strategies associated with DWI charges:
- Many DWI situations amount to a police officer’s word against a motorist’s. If you believe you were not intoxicated at the time a particular officer stopped you and placed you under arrest, you may be able to avoid conviction.
- Various things can produce false positive results on a Breathalyzer test, such as cough syrups or other medicines containing alcohol.
- Aside from a mistaken fact defense, you may choose to pursue an improper stop defense as well. If you believe the patrol officer in question did not have reasonable cause to stop you in the first place, this defense strategy may be your best bet.
- If your blood tests positive for alcohol and you were not aware you had consumed it, you may want to fight DWI charges through an involuntary intoxication defense. This option is viable if you believe someone put alcohol into your drink without your knowledge or approval. If you didn’t know your hosts spiked the party punch bowl, you may not be accountable for DWI.
The important thing to remember is that prosecutors filing drunk driving charges against you doesn’t necessarily mean the court will convict you of the same. The law presumes your innocence unless proved otherwise.
No need to go it alone in court
Facing DWI charges in Wisconsin or anywhere can be a stressful, scary experience. That’s why most motorists ask experienced defense attorneys to act on their behalves in court.
