Penalties for drunk driving are serious, and the offender needs to do whatever possible to defend themselves even when they are guilty. They need a good defense that can persuade the judge to reduce the charges or drop them altogether.
Wisconsin State Legislature allows every offender to find an affirmative defense. Every case is different, and it does not hurt to try. Here are some of the defenses available for DUI/OWI charges.
Improper Stop and Arrest
Whether the driver was drunk or not, the police must use a proper arrest procedure. The offender will have a good defense in cases where the police failed to observe these procedures. For instance, the police must have a legitimate reason for stopping a vehicle. If they do not have any probable cause, any evidence presented will be inadmissible in court.
Challenging the Observation
DUI charges either take the form of impairment DUI or per se DUI. For impairment DUI, the offender can argue that the officers’ observations were wrong. While it’s not easy to win this, introducing a witness or providing another reason for appearing drunk may help.
Challenge the Validity of the Test
The police take the offender through breath tests. Researchers have tried to prove that the breathalyzers can have flaws. They are only used to gather evidence and not a conclusion that you are guilty. Hence, the offender can argue that the breath analysis machine was faulty. In cases of chemical tests, one can question the competence of the technician.
Even in cases where the offender is guilty, they still have the right to defend themselves. It is not a hopeless case but a matter of getting a fair trial and the best outcome of the case.