DUI Defense

A criminal charge of DUI is a serious offense and should not be taken lightly. However, the accused is innocent until proven guilty, a fact that some people may overlook. Unfortunately, law enforcement officers can make mistakes, and just because someone is arrested for a DUI does not mean they are automatically guilty.

In Wisconsin, the crime of driving under the influence is referred to as Operating While Impaired or Intoxicated (OWI). Intoxicated does not just refer to alcohol. Other types of intoxicants that can alter the ability to safely drive include legal prescription drugs such as: painkillers like Vicodin, Percocet, and Oxycontin; sleep aids such as Ambien; and anti-anxiety medicine such as Xanax. Obviously there are also illegal drugs that can impair driving including cocaine, heroin, and methamphetamine. People who use any type of drug or alcohol should not drive under any circumstances, even if they “feel” like they are perfectly capable of operating their vehicle. Their response time will be slower and they will not be able to fully concentrate on driving.

There are many types of defenses for someone accused of OWI. In some cases, the stop or search by the police officer is unlawful. If the accused is arrested based solely upon a field sobriety test, this can be an excellent line of defense. Field tests are completely subjective and have no scientific basis. Even chemical breath tests to check the blood alcohol content (BAC) of the accused can be misread or inaccurate depending upon the equipment or the method of testing.

Another goal of criminal defense lawyers who specialize in OWI is to minimize the punishment for the accused. Instead of jail time, other options such as probation, house arrest, or electronic monitoring can be just as effective to punish and rehabilitate the accused. In addition to sentencing, an OWI will carry an automatic license suspension. For those who are dependant upon driving for work or school, an attorney can work to get the accused some type of occupational or limited license. There are many options for those accused of OWI; the first step is contacting an attorney.