What Does the State Need to Prove to Get an OWI Conviction?

Getting an OWI conviction is not easy for the state. They must go through numerous leaps and bounds to receive a sentence. Here at Maciolek Law Group, we are dedicated to ensuring our client’s rights are protected. We will stop at nothing to challenge the arresting officer’s reports, their training, and police procedures. The police will be held accountable for their mistakes and violation of the law. Your life should not be negatively affected due to another’s negligence.

When approaching an OWI case, the state needs to prove these three things to convict someone of Operating a Motor Vehicle while Intoxicated:

1. You drove or operated a motor vehicle;
2. On a highway; and
3. At the time of the driving, you were impaired to the point where you could not safely operate the vehicle; or had a blood alcohol concentration in your blood or breath of 0.08% or more.

You cannot be found guilty if even one of these elements cannot be proven.

This is where we step in. Allow us to work in your defense and discover law enforcement’s mistakes. For example, if an officer violates his internal police procedures, fails to follow his own training, or cannot apply his training to an OWI stop, you have a defense to your OWI even if you are otherwise guilty. In addition, if your Constitutional rights were violated, the evidence in your case can be suppressed and entirely thrown out of court. Without evidence, there cannot be a conviction. In 2019, the court found 20,956 drivers guilty of OWI, a conviction rate of 92%. Therefore, you cannot rely on your words and luck to get out of an OWI. Contact our team at 920.280.6363 for a free consultation if you’ve been charged with an OWI. Let us help you fight these charges.