Bringing Your Strongest DUI Defense in Wisconsin
Published By admin
The stress of facing a driving under the influence (DUI) charge – or, as it’s called in Wisconsin, an operating under the influence (OUI) – can be overwhelming, and you may be inclined to accept the legal consequences. It’s important to remember, however, that just because you’ve been charged with DUI doesn’t mean that you are guilty of the charge. In addition, even if you do end up pleading guilty, an attorney can help mitigate the short and long-term consequences you are facing.
Because a conviction can lead to serious fines, jail time, and lasting social consequences, bringing your strongest defense is always to your advantage. To speak to a Wisconsin DUI defense lawyer, call our office today.
The State of Wisconsin sets the legal limit for alcohol at .08 percent blood alcohol concentration (BAC). If your BAC behind the wheel exceeds this threshold, it can lead to DUI charges. It’s also important to understand that if the police determine your driving was negatively affected by alcohol – even if you weren’t over the legal limit – you can still be charged.
In order for the police to pull you over in the first place, they need reasonable suspicion, which means they reasonably suspect a crime has been or may be committed. For example, a moving violation would suffice, but you don’t have to do anything illegal for the officer to pull you over. For example, driving slowly or leaving your blinker on too long may be sufficient.
If you’ve been pulled over for something that has nothing to do with driving under the influence, such as leaving your blinker on, the officer still needs probable cause for administering a breathalyzer or otherwise addressing the matter of DUI. Common causes include the following:
- The smell of alcohol
- Bloodshot eyes
- Slurred speech
As such, an officer doesn’t need a whole lot of evidence to pull you over in the first place and doesn’t need a lot of motivation to perform a breath test. That said, if they violated your rights during your traffic stop by failing to have reasonable suspicion or probable cause for DUI testing, your lawyer may be able to get your case thrown out.
The handheld breathalyzers that the police use during traffic stops are notoriously sketchy, and the machines that test both breath and blood back at the station may not be much better. In fact, a report in the New York Times puts it this way – The devices, found in virtually every police station in America, generate skewed results with alarming frequency.
If any one of the following applies, it can skew the results of your test:
- The station failed to maintain the machine properly.
- The station failed to calibrate the machine properly.
- Your sample was contaminated or mislabeled.
- The officer who administered the test wasn’t trained properly or didn’t follow the necessary protocols.
There are plenty of opportunities from the moment you’re pulled over to the point that you’re charged with DUI for the authorities to cross legal lines. In other words, DUI cases are often less cut-and-dried than most defendants believe they are.
The trusted Green Bay DUI defense attorneys at Maciolek Law Group are committed to fiercely advocating for your case’s most favorable resolution. Your rights are important, so please don’t hesitate to contact or call us at 920-566-8457 for more information today.