I blew over .08. I know I'm guilty. Why Should I hire a lawyer?
Debunking Myths about People Who have been arrested for OWI in Wisconsin
Having defended hundreds of people throughout Wisconsin after their OWI arrest, I have heard this question (or something very similar) more than once. It's common for people who have been charged with an OWI in Wisconsin to feel hopeless and that there's no point in fighting the charges. The system is set up to make you feel that way - you're asked to do awkard roadside tests while traffic whizzes by you, you're denied the right to talk to a lawyer before making legal decisions, you're handcuffed and placed in the back of a squad car, and you're subjected to chemical testing and maybe even a 12-hold. Your operating privileges are threatened immediately. However, no matter how strong the case against you might be, working with an experienced OWI defense lawyer can greatly increase the chances that your case ends in the best outcome possible.
I tested over .08
When you are pulled over and a police officer or highway patrol officer believes you are under the influence of alcohol, they will administer a blood or breath alcohol concentration test. If your test result is over .08, you will certainly be charged with an OWI, shockingly enough, you can even be charged with an OWI if your test result is below the legal limit. However, that does not mean that you will automatically be found guilty of OWI. This is where we come in...
To Speak with an Experienced OWI Defense Attorney Today, Call our office at 608-835-6390 or Contact us online.
The BAC Testing Devices Are Not Always 100% Reliable
In certain cases, the breathalyzer device can be attacked on many levels. Officers have to properly invoke the Implied Consent Law. The machines may not have been properly maintained and/or calibrated. Even if they were working well, no machine is perfect. They have inherent limits to their accuracy that could call into question your test result. In blood testing cases, there are instances where the handling of the evidence and the timing of the test being administered can bechallenged. The "science" used by Wisconsin Labs is of poor quality and doesn't comply with nationally-recognized standards. In fact, our lab has failed it's own proficiency testing in the past. To make these arguments on your behalf, an OWI lawyer needs to have extensive experience not only defending clients in a courtroom, but also of the science and technology used by the police and highway patrol officers.
The Police May Not Have Had the Right to Pull You Over
More often than not, the police can basically manufacture a reason to have pulled you over. However, with the increased accessibility of dash board cameras and other video and audio recordings, it is possible to gather evidence that they did not have good reason to make the initial stop. Because of your 4th amendment rights, if they stopped you without good reason, every piece of information and evidence gathered from that stop becomes inadmissible in court.
The Police May Not Have Had Reason to Administer Blood or Breath Testing
Just the same as the police can not just pull you over for no reason, once they have pulled you over, they can not make you submit to breath or blood alcohol level testing for no reason. The arresting officer would need to have sufficient reason to suspect that you had been drinking and were over the legal limit before they give you a breath or blood test.
Even if You ARE Found Guilty, Having an Attorney on Your Side Can Give you a better outcome
If it is determined that you are guilty of OWI, there are still a range of sentencing options that can be handed down from the judge. Understanding the sentencing guidelines in each county and having an intimate familiarity with OWI cases throughout Wisconsin allows Michele Tjader to work towards the best possible outcome for your case. Whether it's reducing the time of the revocation, avoiding the installation of an ignition interlock device, working towards a limited license that will allow you to drive to work, reducing fines, or getting the prosecution to settle for probation instead of time in jail, you have a greatly increased chance of minimizing the effect that an OWI charge will have on your life by having an experienced lawyer advocating for your best interest. No one should go to court without an advocate on their behalf. To the judges and prosecutors you're just a number. They are seeking to judge you on the basis of one potential mistake, not who you are as a person. Having someone fighting for your rights and dignity in the courtroom can have a tremendous impact on any possible sentence you may receive. In addition, knowing that they up against a lawyer with the knowledge and desire to fight for you greatly improves your bargaining power.
Have Your Case Reviewed By an Experienced Wisconsin OWI Lawyer
All of these situations are handled on a case-by-case basis, and these are only possible defenses and not legal advice. To really give a potential client a solid understanding of what to expect and what their chances of beating or minimizing an OWI charge, attorney Tjader needs to review the specific facts of their case. To help you make a decision about how to proceed, Michele Tjader offers a free initial consultation, either over the phone or in her office in Madison. To learn more about how she can help you work towards the best possible outcome for your OWI charge, call 608-835-6390 or contact us online today.