6 Common Defenses for OWI in Wisconsin

It's a mistake to think that having a blood alcohol level result of 0.08% or above automatically means an OWI conviction. There are many ways to beat an OWI charge if you have an attorney on your side with the right knowledge and experience.

From flawed procedures to a mishandling of your rights, there are many ways to reduce or completely dismiss an OWI.

Here are six of the most common OWI defenses in Wisconsin and elsewhere:

1. An improper stop

Some things constitute the right to stop someone for suspicion of driving under the influence. The Fourth Amendment states that law enforcement has to have specific grounds to stop someone.

Police must have either a warrant or reasonable cause to stop you. If they don't, it's technically an illegal search and seizure and your breathalyzer results might be inadmissible. Without that evidence, there may not be a firm case against you.

2. They didn’t follow protocol for field sobriety testing (FST)

There are specific rules police must follow when conducting a field sobriety test. If a law enforcement officer didn’t follow those protocols, it becomes an inappropriate test and is inadmissible in court.

Since these assessments are highly subjective, field sobriety tests alone cannot be the only admissible evidence that the police officer can use to win a case against you.

3. Improper BAC samples from blood

If you were given a blood test, it's possible analysis was done improperly for a number of possible reasons. Following an arrest, any blood samples that are collected have to be stored in a specific way. If any of these protocols are not followed, the blood is not admissible.

4. Medical conditions

You may have a medical issue that can cause you to appear like you're driving under the influence. Additionally, some neurological problems can cause you to fail a field sobriety test. There is also a possibility that, unless you fail a breathalyzer test, your attorney might be able to show that your failure to pass is due to your pre-existing medical condition.

5. Improper communication with defendant

If a prosecutor attempts to contact you without you having an attorney, and you have not waived your Miranda rights, then you have a case to make whatever you said inadmissible. If you have requested an attorney, you are not allowed to have a conversation with the prosecutor unless your attorney is with you.

6. Other procedural violation

There are other ways to fight OWI charges. Incorrectly-calibrated BAC instrument use of unapproved equipment are some of the technicalities that an experienced OWI defense attorney can use to help you fight your charges.

Even if you fail a breathalyzer test, that does not ne5cessarily mean that you are going to be convicted of OWI and other charges. Since there are many procedures and types of protocol that have to be followed in order to convict someone of OWI in Wisconsin, Attorney Patrick Stangl can fully assess your situation and find opportunities for defense.

Read on:

Free Wisconsin OWI Defense Consultation

Nationally-recognized OWI Defense Attorney Patrick J. Stangl has over 32 years of experience protecting the rights of clients accused of OWI across Wisconsin.

If you're facing OWI charges in Wisconsin, including drug charges or repeat OWI charges, click below to request a FREE 10-minute consultation to discuss your drunk driving or driving under the influence case and help explore options for your defense.

Two OWI Defense Success Stories

OWI-PAC 7th Victory: Steve's Story

Steve hired Attorney Stangl to represent him on a 5th/6th OWI offense and unfortunately, while out on bond he was picked up for another OWI which was his 7th offense since 1989. Attorney Stangl was now defending against a 6th and 7th offense OWI plus related felony bail jumping and criminal operating after revocation charges. Needless to say, the client was in serious trouble and if convicted of the 7th offense would have done mandatory prison time.

A charging error was made, however, with respect to the 7th offense and it was charged out as a 5th and 6th offense, although it was correctly a 7th offense. Because of the mandatory minimum sentence structure on the 7th offense, Steve did not have proper notice of that charge and the State could have dismissed that charge and re-charged it properly as a 7th offense with the mandatory minimum prison sentence language. This would have provided Steve with due process notice of the mandatory minimum penalties. Fortunately for Steve, who was prepared to fight to the bitter end, Attorney Stangl was able to negotiate an amendment from the 7th offense down to a different felony, thus removing the mandatory minimum prison sentence for Steve.

Instead, Steve received treatment court options with county jail time which will likely include electronic monitoring and he was not sentenced to prison. If you are ever in a desperate situation like Steve where on the surface it looks like you are heading to prison, contact Stangl Law Offices, S.C. and Attorney Pat Stangl immediately as they have extensive experience in defending difficult cases.

Criminal Drunk Driving Victory in Wisconsin

State of Wisconsin v. R.B.

Attorney Stangl recently represented an off-duty law enforcement officer who was picked up for drunk driving. His chemical test result was significantly above the legal limit and he was charged with criminal drunk driving. Attorney Stangl quickly had the criminal charges dismissed by pointing out to the prosecutor that his client was improperly charged. After several pre-trial motion hearings, the case proceeded to a jury trial. Shortly after the State’s first witness began to testify, Attorney Stangl objected to the Trooper’s testimony and moved for a mistrial. The trial court ultimately declared a mistrial.