Charged with OWI / Drunk Driving in Wisconsin?
Important defense available for OWI offenses committed on March 30, 2010 or later
You were probably read an Informing the Accused Form. It’s a form used by law enforcement to effectively coerce your consent to a breath or blood test. It’s supposed to exactly conform its language with the Implied Consent Law. The problem is since March 30, 2010, it doesn’t. Well, it’s a problem for prosecutors. It’s good news for clients.
Look at your Informing the Accused Form. (It’s pink 8.5 x 11” piece of paper.) I’ll betthe first paragraph reads as follows: “You have either been arrest for an offense that involves driving or operating a motor vehicle while under the influence of alcohol or drugs, or both, or you are suspected of driving or being on duty time with respect to commercial motor vehicle after consuming an intoxicating beverage.” That’s not what the law says any more.
Now, the law says “You have either been arrested for an offense that involves driving or operating a motor vehicle while under the influence of alcohol or drugs, or both, or you are the operator of a vehicle that was involved in an accident that caused the death of, great bodily harm to, or substantial bodily harm to a person, or you are suspected of driving or being on duty time with respect to commercial motor vehicle after consuming an intoxicating beverage.”
You weren’t told that law. That can be grounds to get your test result thrown out of court and a defense to the refusal. We citizens are expected to follow the letter of the law. But unfortunately, sometimes law enforcement doesn’t. That’s where criminal defense attorneys come in. We fight for you to make sure your rights are protected every step of the way. If that didn’t happen on the night of your arrest – before we were there – we’ll do our best to make sure they don’t get away with it.
Please contact me at 608-835-6390 or via email so that we can discuss this issue and others that we may be able to use to help you.