Like almost everyone facing charges of operating under the influence of an intoxicant or OWI in Wisconsin, you are probably wondering what your chances are of beating those charges once you get to court.
The truth is, there is no way any Wisconsin OWI lawyer can predict these chances. Driving under the influence or DUI cases are complicated. If you have met with a Madison DUI attorney or Wisconsin DUI attorney who has quantified your chances of winning or told you what your "chances" are of beating drunk driving charges, then beware.
When it comes to choosing the right lawyer to represent you in court, you need to look at a number of important factors before making that decision. One of these factors is their record of success.
This article shares a recent success story from Madison DUI Attorney Patrick Stangl of Stangl Law.
If you are trying to decide which attorney you should hire to help fight for your defense, read the article, "How to Hire a Wisconsin OWI Lawyer: 9 Questions to Ask" by Stangl Law.
Repeat DUI Charges in Wisconsin
One area where people in Wisconsin often find themselves facing consecutive charges is operating under the influence of an intoxicant or OWI.
You may recognize this charge under other names like drunk driving, driving under the influence, DUI or DWI in Wisconsin.
When it comes to choosing a Madison DUI attorney or a Wisconsin DUI attorney, it's important to take a hard look at his knowledge of Wisconsin drunk driving laws or WI DUI laws, as well as their record of success.
The following success story from Stangl Law is shared with the intention of providing hope in your fight against DUI charges in Wisconsin.
If you are interested in learning more about fighting consecutive or repeat criminal OWI charges in Wisconsin, read the following articles by Stangl Law:
- "4th Offense OWI: Now a Felony in Wisconsin"
- "Understanding Wisconsin's New Penalties for 5th and 6th Offense OWI"
- "New Laws for 7th Offense, 8th Offense and 9th Offense OWI in Wisconsin: How to Defend Your Case"
- "New Laws for 10th Offense (or More) OWI in Wisconsin: How to Defend Your Case"
Four Consecutive Jury Victories
Stangl Law Offices in Madison, Wisconsin is dedicated to aggressively fighting to defend its clients. The following success story is one example of this level of expertise and dedication.
Recently, and for the fourth time in a row, a jury refused to convict a client of Attorney Stangl's of operating while under the influence of an intoxicant (OWI).
A St. Croix County jury sitting in Hudson, Wisconsin found Attorney Stangl's client not guilty of OWI. His client was also charged with operating with a prohibited alcohol concentration charge (PAC).
The above the legal limit, or operating with a prohibited alcohol concentration (PAC) charge was dismissed by the trial court after the conclusion of the State's evidence on Attorney Stangl's motion.
The court agreed that there was insufficient evidence to support a conviction on the PAC charge because the State failed to produce expert testimony establishing the relevance of the blood test result given the fact that it had not proven the time of the alleged operating/driving of his client's vehicle.
The State's blood test evidence indicated the client's blood alcohol concentration was 3.5 times the legal limit.
The jury was then left to decide the criminal OWI charge. After deliberating approximately an hour and fifteen minutes, the jury returned a unanimous not guilty verdict.
This case represents the fourth time in a row that Attorney Stangl's clients were cleared of both OWI and PAC charges—a total of eight charges—in four consecutive jury trials.
If you are in a similar situation or facing other criminal charges in Wisconsin, contact an aggressive and proven criminal defense attorney today.
OWI Defense Success Story
Case Victory: Three Consecutive OWI/PAC 5th/6th Victories in One Month
Attorney Stangl of Stangl Law Offices, S.C. achieved three (3) back-to-back OWI 5th/6th victories within a one-month period in May-June 2023 thereby saving his clients from mandatory prison sentences. In State v. Shirikian, 2023 WI App. 13 the Court of Appeals held that the sentencing language for a 5th/6th OWI/PAC offense requires the sentencing court to impose a mandatory prison sentence upon conviction. Even if the sentencing court wanted to impose a non-prison sentence, they do not have the discretion or authority to do so under the current penalty structure for the offense and this decision.
In the first case Attorney Stangl successfully argued that one of his client’s prior convictions could not be counted because he was not properly advised of his right to counsel in a previous case and that the record did not demonstrate a free and voluntary waiver of his 6th amendment right to counsel. After investigating and researching the issue, Attorney Stangl brought a motion challenging the uncounseled conviction and after an evidentiary hearing the trial court agreed that the prior conviction could not be counted, thereby reducing the 5th/6th offense to non-mandatory prison charges.
Approximately 2 weeks later, in a different case, Attorney Stangl previously argued to the court that the arresting officer did not have a sufficient legal reason or probable cause to arrest his client on a 5th/6th OWI/PAC. After the evidentiary hearing and briefing by the parties the court issued a very thorough and analytical oral decision granting the defendant’s Motion to Dismiss and the case against his client was dismissed.
Within two weeks after the 2nd consecutive OWI/PAC 5th/6th victory Attorney Stangl secured his 3rd consecutive OWI/PAC 5th/6th victory within (1) one month with the dismissal by the State of charges during a preliminary hearing. At the preliminary hearing it was clear that the arresting officer testified falsely about the alleged events including his client’s performance on the field sobriety test (FST’s) when in fact his client never submitted to the FST’s. Once the State realized the major problem with the officer’s perjured testimony it moved for immediate dismissal of all the charges. His client will not be re-charged.
FREE 10-Minute Consultation
Madison DUI Attorney Pat Stangl is happy to offer a FREE 10-minute consultation at no obligation to discuss the details of your case and explore strategies to fight for your freedom.
Stangl Law Offices, S.C.