Even if you are facing a repeat offense for drunk driving, it is important to remember that you have legal defense strategies. Prosecutors recognize that addition to alcohol or substances can be a long battle, so a defendant’s willingness to seek treatment may go a long way in plea negotiations.
In Wisconsin, the Treatment Alternatives and Diversion program offers District Attorneys with alternatives in plea bargaining. Depending on the facts of a case, a defendant who signs up for one of the substance abuse treatment options may be able to reduce or avoid fines, jail time, and other consequences.
Plea Bargaining as Part of Your Defense Strategy
Our law firm focuses on criminal defense, including driving under the influence charges. We remain open to plea offers, like the treatment options above, throughout a defendant’s case. Indeed, sometimes a prosecutor may make an offer even after a trial has begun. However, plea bargaining is but one part of a comprehensive defense strategy.
Reviewing Police Procedures
For a DUI arrest, our inquiry begins with the initial police stop. We will review the police report to determine if the police had a legitimate reason for stopping you. Improper police procedures, even at this preliminary stage, may result in the court granting our motion to exclude certain evidence, possibly dealing a fatal blow to the prosecutor’s case. Remember, the prosecutor must produce sufficient evidence to prove your guilt beyond a reasonable doubt. Your procedural rights continue through any subsequent police questioning after the stop, including any field sobriety or breathalyzer testing. We will also review the breath or blood testing for possible defects, improper handling at the lab, or contamination.
Source: Wisconsin Dept. of Justice, “Treatment Alternatives and Diversion Program,” Apr. 2019