Question By: Facing an OWI (Operating While Intoxicated) charge in Wauwatosa can be a stressful and overwhelming experience. However, it's important to remember that there are potential defenses that can help protect your rights and potentially mitigate the consequences. In this blog post, we will explore some common defenses that individuals can consider when facing an OWI charge.
Challenging the Traffic Stop:
One potential defense strategy is to challenge the initial traffic stop. If the police officer did not have reasonable suspicion to pull you over, it could potentially lead to a dismissal of the OWI charge. Any evidence obtained after an unlawful stop may be considered inadmissible in court.
Questioning the Field Sobriety Tests:
Field sobriety tests are often conducted during an OWI stop. These tests, such as the walk-and-turn or one-leg stand, are subjective and rely on the officer's judgment. It's possible to challenge the reliability and accuracy of these tests, as various factors like weather conditions or physical disabilities can affect the results.
Contesting Breathalyzer or Blood Tests:
Breathalyzer or blood tests are commonly used to measure blood alcohol concentration (BAC). However, these tests are not foolproof and can be subject to errors. Challenging the accuracy of the testing equipment, proper calibration, or the qualifications of the person administering the test can be a potential defense strategy.
Establishing Rising BAC:
Alcohol takes time to absorb into the bloodstream, and your BAC may continue to rise even after you have stopped driving. Establishing that your BAC was below the legal limit while you were operating the vehicle can be a viable defense if there was a significant time gap between driving and testing.
Medical Conditions and Medications:
Certain medical conditions or medications can mimic the symptoms of intoxication. Providing evidence of a pre-existing medical condition or medication that affected your ability to perform sobriety tests or influenced the breathalyzer or blood test results can be used as a defense.
At The Law Office of Michael Hayes, LLC, their firm is dedicated to providing personalized and effective legal services. Whether you're facing an OWI charge or need assistance in other areas of law, they have the knowledge, skills, and track record of success to guide you through the legal process. For more details, visit: https://michaelhayeslaw.com/
Answer By: