Wisconsin drunk driving defense attorneys
state of wisconsin -vs- you
If police make an arrest for a drunk driving offense, the state of Wisconsin through the prosecuting attorney must prove each element of the crime of drunk driving in order to obtain a conviction.
Under Wisconsin law, the elements of the crime of drunk driving include:
- That you operated a motorized vehicle
- On a public highway
- And you were under the influence of an intoxicant at the time of driving such that it impaired your judgment and ability to drive with a steady hand.
operated a motor vehicle
A person has "operated a motorized vehicle" when they have either driven it or operated it. What, you ask, is the difference? When a person "drives" a vehicle, (a car, truck, van, trolley), they exercise control over the speed and direction of a motor vehicle while it is in motion. A person "operates" a motor vehicle whenever he or she physically manipulates or activates any of the controls of a motor vehicle.
Wisconsin courts have graciously allowed evidence into a trial to prove a driver had driven while drunk. Wisconsin courts have ruled that "operation" includes any intent to operate such as when a person inserts keys into an ignition. Recently, Wisconsin courts ruled that an intoxicated person found in parking lot who was proven to have driven there 14 minutes prior was intoxicated at the time he drove to the parking lot.
on a public highway
A public highway includes highways, roadways and city streets, as well as parking lots or any premises open to public use. Premises provided to an employee for parking or use of motor vehicles and apartment buildings with 4 or more units qualify as public areas for the purposes of drunk driving law. Privately-owned premises are included if they are held out to the public for use, however parking areas at a single family home or privately owned farm are excluded.
under the influence of an intoxicant at the time of driving
The State must show that you were drunk at the time of driving. To prove this fact, the prosecuting attorney may enter evidence including the blood alcohol content test results to prove a prohibited level, as well as videos and testimony from police officers and other witnesses.
Having a prohibited blood alcohol content level is a separate charge (hence the reason for two tickets) but is considered strong evidence of intoxication. Even if a driver does not feel impaired (or does not appear to be drunk), but the test results prove an alcohol content level in excess of the legal limit (.08 for most drivers, lower for those with previous drunk driving convictions or CDL license), police will make an arrest for drunk driving. A jury can convict a person on the basis of the test results alone.
Quite often, a blood test to determine the level of alcohol in the blood is taken a few hours after driving, or the driver consumed alcohol just before driving. In either situation, the test can show a higher level of alcohol than was present when the driving occurred. That result can work both for and against the driver, because a higher level of alcohol may have been present when the driving actually occurred.
If the police obtain a test result, the alleged drunk driver has a right to request his or her own tests. Blood alcohol concentration level tests include: breath tests, blood tests, and urine tests. Breath tests conducted in the field (at the location of the police stop) do not determine intoxication; rather, they are indicator of a blood alcohol concentration level, which if above the limit can lead to arrest. Blood tests are often accurate indicators of intoxication, as are urine tests. If a person demands to have a test conducted, police must allow them to do so. The alleged drunk driver is responsible for arranging and paying for that test.
If police conduct a test, then the testing equipment comes into question. Often times, a false reading or faulty equipment can contribute to an illegal reading. Those are very technical matters, and your attorney will be able to determine if equipment, methods or the control over the specimen are valid arguments against the drunk driving charges.
Even if no test is ever conduct, a person can still be convicted for drunk driving. That would be rare, but possible. In that instance, the prosecuting attorney would allege that the driver was impaired or lacked a steady hand. If the prosecuting attorney agrees that the test results were inaccurate, or the test results are proven inaccurate, the prosecuting attorney can still submit evidence (such as videos) to the jury for the jury to decide whether or not the person was operating the motor vehicle while under the influence - OWI.
Have Faith - All Is Not Lost
While it may seem that the prosecuting attorney has many ways to obtain a conviction for drunk driving offenses - and he does - that appear at first glance to create a hopeless defense, such is not the case. Rather, there are many challenges that a drunk driving defense attorney can make.
In almost every drunk driving case, the battle that wins the case occurs long before the jury is empanelled. If you hire Birdsall Law to defend you, your drunk driving defense lawyer will challenge the evidence, the tests, and seek to show the prosecuting attorney the many weaknesses in his case before it goes to trial. Often times, and perhaps much more often than people realize, prosecuting attorneys amend the charges due to an aggressive defense lawyer showing him that he will lose at trial.
common drunk driving defenses
The information above provides a general outline of the drunk driving police stop and arrest. The information below generally outlines drunk driving laws. For information about common drunk driving defenses, please refer to "Common Defenses To Drunk Driving Allegations".
drunk driving Charges
Police issue the citations; prosecutors file the charges. For one drunk driving arrest, police can issue up to three citations: 1) PAC violation for a violation of the state's legal blood alcohol concentration, 2) OWI - operating a motor vehicle while intoxicated, and 3) refusing to submit to a test if you refuse to voluntarily submit to a blood draw.
Police citations spell out the exact location and time of the alleged offense. Whether you meet with Attorney Birdsall or Attorney Perlick-Molinari, the attorney will want the information from those citations. That information helps them determine the time frame between drinking and driving, and therefore, the validity of the test results. When you enlist the services of an attorney at Birdsall Law Offices,
In most cases, the prosecuting attorney will seek to charge a suspected drunk driver with each of the offenses provided on the citations. At trial, the prosecuting attorney will seek to prosecute you of all offenses, however by law, the court may only convict you of one of the drunk driving related offenses: the court may convict you of a blood alcohol content violation or operating while intoxicated, but not both. (see Drunk Driving Charges)
OWI/BAC citations. These citations will spell out the exact location and time of the offense, which will help TJ or John determine the time frame of the drinking, then driving and the validity of the test itself. This is all you will have to go on, until you get the actual police reports as a part of the prosecutor's production of evidence through a "Discovery."
A PAC ( prohibited alcohol content level) or BAC (prohibited blood alcohol content level) violation is separate and apart from an OWI (operating while intoxicated). The prohibited blood alcohol content level for a person arrested for a violation is dependant on two key factors: the type of driver's license held by the arrested person, and the number of previous refusals or OWI
Having a BAC above the legal limit is a separate charge but is considered strong evidence of intoxication. You should know, however, that you may be cited for OWI even if you are not tested at all. This would be rare, but possible. It is important because even if you successfully challenge the test, the State may still allege that you were under the influence, and the jury would have to decide whether or not you were intoxicated. The opposite could also be true: you may be driving just fine and not feel impaired at all (the State could even agree that is true) and you could still be cited for operating above the legal limit (now .08).
extra & enhanced owi tickets
two tickets for one arrest
If you are stopped by police in the state of Wisconsin on the suspicion of drunk driving, you can receive two tickets. The two for one deal goes like this. The first ticket can be OWI - that is, operating while under the influence. The influence can be alcohol, drugs, a prescription drug (you know, the ones that say, "don't operate a vehicle while taking this drug"), and even over-the-counter drugs. You can also receive an OWI for driving while impaired, which means that you need not be under the influence of anything, but police will say that they observed you, and that your driving was impaired. In other words, you can get an OWI even if you are not drunk.
The second ticket is called a PAC violation. PAC stands for prohibited alcohol content level. If your blood is drawn and the amount of alcohol in your blood is in excess of the prohibited limits, police can give you a citation for a PAC violation.
Minor Passengers - Aggravated Charges
Minor passengers or other aggravating circumstances can increase - even double - the penalties for an OWI. If a minor is in the vehicle when police make the stop and arrest for drunk driving, a subsequent conviction will mean double the fines.
Free Criminal Defense Initial Consultation
Regardless of the charges, or the time of day, the attorneys at Birdsall Law Offices stand ready to defend you. If you are facing criminal prosecution or drunk driving charges, please call 1-866-493-0726, e-mail -
- or send your case information to the attorneys at Birdsall Law Office for a free initial consultation.
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