Common OWI Defenses

From the initial police stop to the introduction of evidence at trial, the following OWI defenses may help to reduce an unreasonably harsh sentence or even result in a dismissal altogether.

Improper stop by police

The law prohibits police from randomly stopping a person driving a vehicle without reasonable suspicion.

In the context of an OWI, police must actually see the suspect do something wrong. It is possible to assert that the police did not have reasonable suspicion to stop your vehicle if you were obeying all traffic laws. Additionally, any evidence gained thereafter is inadmissible.

Failure to follow proper field sobriety test protocol

There are several protocols that must be followed when field sobriety tests are managed. If the law authorization fails to stick to the predetermined processes, this can rapidly result in a concealment of any proof accumulated during the test, particularly if officials engaged in rude and inappropriate conduct toward the test subject.

Improper testing and storage of blood alcohol samples

Following an arrest, police officers must organize a suitable blood-alcohol analysis by a trained and licensed phlebotomist as quickly as possible. Testing by an untrained laboratory technician or delays could be possible defenses against the results.

Additionally, police are required to make certain that blood samples are correctly maintained after the test to avoid contamination, fermentation, or mislabeling.

Improper interrogation

Police officers are required by the law to inform a suspect once a person is officially under arrest. If an individual is placed under arrest, police must instantly advise the suspect as to their rights and the fact that statements made hereafter may be used in a court of law by the prosecution. These include the right to remain silent, the right to an attorney, and the right to court-appointed counsel if indigent.  

Violations of the rules of evidence & procedure

At long last, there are a few OWI defenses that may not emerge until the day of trial, including infringement of the state rules of civil procedure and evidence. This general classification includes the introduction of improper character evidence, the rules against hearsay, and the use of fabricated documents, photographs, or recordings.

The following defenses are the best place to start when trying to beat an OWI charge, but depending on your situation, an experienced OWI attorney may be able to provide even more options to reduce or dismiss your OWI charges.

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Social Crimes

Behaviors become crimes through a procedure of social development. Similar conduct might be viewed as a criminal in one society and a demonstration of respect in another society or in a similar society at an alternate time. The legitimate status of conduct – regardless of whether it is characterized as a crime – lies not in the substance of the conduct itself but rather in the social reaction to the conductor to the people who take part in it. Changes in the legitimate status of conduct are frequently realized by social developments and may involve extensive social clash. Models incorporate the ongoing debates over abortion approach and assisted suicide in the United States. At long last, the social reaction to crime – including numerous sociology clarifications of criminal conduct – is put together not just with respect to the characteristics of the act yet additionally on the social and moral standing of the offender and the victim in question.



OWI/DUI Defense Lawyers

In the event that you have been charged with a traffic offense, you reserve the option to get competent legal representation. OWI/DUI defense lawyers can enable you to defend against your charges and work to keep your driver’s license from being suspended or disavowed. Despite whether it is your first or third offense, they can enable you to build a vital case.