Common OWI Defenses
At the point when you’re accused of an OWI offense, you face a suspension as well as a revocation of your driver’s license. For an OWI offense your license will be disavowed upon conviction. Be that as it may, your license might be suspended authoritatively before a conviction for 6 months.
An individual’s license will be suspended 30 days in the wake of accepting a Notice of Intent to Suspend on the off chance that you don’t ask for an administrative review hearing. It will likewise be suspended on the off chance that you lose the administrative hearing. For a first offense OWI your license will be repudiated for at least 6 months. Your license can be repudiated for as long as three years for a third offense or more.
When charged with an OWI, try to resist the urge to panic. An OWI charge can be, and frequently is, a strain on your life. Keep in mind that not all OWI charges lead to convictions. OWI charges are different. It is essential that you contact a Wisconsin OWI lawyer promptly so as to discuss your case and start the process.
In first offense cases, the Wisconsin OWI lawyers at Mullen Schlough & Associates S.C. will be able to appear on your behalf. These OWI attorneys will be able to assist you and ensure each step of the process is completed.
Below are the common OWI defenses:
- Disputing the stop – OWI defense mostly begins with reviewing whether the police officer had a rightful reason to make a traffic stop or not. If the police is short of probable cause to make the stop, then your attorney will be able to get evidence, such as the blood or breath test and the field sobriety tests, suppressed.
- Attacking the field sobriety tests – Field sobriety tests is an important test that must be conducted as the police officer was taught. The 3 typical field sobriety tests are the One Leg Stand, Horizontal Gaze Nystagmus test, and the Walk and Turn. Each one of the following tests presents the chance to attack the way the police officer managed the test.
- Disputing the decision to arrest for an OWI – A police officer, who required probable cause to inspire the traffic stop, will probably need probable cause to administer the PBT and make an arrest for an OWI. Disagreeing that under the entirety of the situation the police officer lacked probable cause can lead to evidence getting suppressed.
- Disputing the correctness of the chemical test – If you took a blood test or a breath test and the result is over .08 BAC, this doesn’t mean the end of disputes. Your attorney can argue that the machines or laboratories malfunctioned and made mistakes. A cautious review of the records can lead to convincing arguments for a jury.
- Blood Alcohol Curve Defense – This is similar to disputing the correctness of the chemical test defense. A Blood Alcohol Curve (BAC) of above .08 doesn’t mean all hope is lost. Your lawyer can argue that at the time of operation your blood alcohol level was lower than a .08. Blood Alcohol Curve defense is based on the absorption rate of alcohol and the time of the very last drink.
- Time of operation/ no witness to driving – A lot of people are cited for an OWI even when the police officer in this situation does not observe them driving or operating the car in question. This commonly occurs when an individual is found sleeping or passed out on the side of the road. In these situations, the blood or breath test may not bear the same weight. A seasoned OWI defense lawyer can keep the results out all together.