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OWI Defense

OWI Defense, drunk driving defense, OWI Attorney

Wisconsin Drunk Driving Defense

Being charged with an OWI in Wisconsin can have serious consequences that affect your family, your career, your driving privileges, as well as having a financial burden. A second or subsequent conviction is a criminal conviction that will result in jail time as well as a mandatory ignition interlock device (IID) being installed on every vehicle that is registered in your name. It is imperative that you contact a Wisconsin criminal defense attorney like Anderson & O’Connell, SC immediately to assist you in fighting these charges.

In Wisconsin, when you are charged with an OWI, you will be charged with two different offenses. First, you will be issued a citation or charged with operating a motor vehicle under the influence of an intoxicant (OWI). Second, you will be issued a citation or charged with operating a motor vehicle with a prohibited alcohol concentration (PAC) if the level of your blood alcohol concentration (BAC) is greater than .08. A PAC charge does not depend on the level of your impairment like an OWI. Your ability to operate your vehicle does not make a difference. Although you will initially receive both charges, you will only face penalties for, or be sentenced, on one of these charges.

Furthermore, you can be charged with operating a motor vehicle with any detectable amount of a restricted controlled in your blood, such as THC. It will not matter if you were currently under the influence of THC at the time of your arrest if blood test results indicate any amount of THC. It is especially important when faced with a charge of operating with a restricted controlled substance that you contact Anderson & O’Connell, SC to analyze your case and determine whether or not the officer that pulled you over had a legitimate reason (reasonable suspicion or probable cause) to stop you.

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  • I hired Mr. David Anderson to represent me in my case. His years of experience as a attorney helped me feel comfortable and confident that he was the attorney for my situation. Through out the whole process he kept me in the loop on what was going on, if I didn't understand something he break it down so that it was clear. I appreciate his hard work, time and effort on my case. I'm very satisfied with his work he did an amazing job and provided great quality service. I would personally use his services again and I recommend him to anyone in need of an more
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    16:38 22 Sep 17
    David Anderson is top notch! He works hard on your behalf and is compassionate and really LISTENS to what you are saying. Went in with 4 felony charges and came out with 3 misdemeanors that will be expunged after the 2 year probation period so it will be as though it never happened. IF YOU WANT JUSTICE AND WANT PROPER DEFENSE CHOOSE DAVID ANDERSON SERIOUSLY. He also is the only fairly priced attorney around and won't try to get over on you just because and will FIGHT FOR YOU UNTIL THE END. I and my family deeply thank you Mr. Anderson!-read more
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    22:59 22 Jun 17
    David is tremendous at what he does. I was dealing with an a couple minor speeding tickets in areas where they assess to many points. The process working with David could not have been easier, I literally sent him the citations, had a phone discussion with David, and he reported back with me via email and phone call on the progress. The results of his efforts cut my citation points and financial penalties in half! I could not recommend David any more for any legal more
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    02:39 30 Aug 17
    David Anderson was an amazing help to me in my Refusal/OWI charge! He immediately responded to my emails and continued to answer in a very timely manner with all of my many questions! He was able to help get my initial paperwork mistake dismissed and was extremely helpful in all aspects of the case. I believe he truly cares about you and your case, and works non stop to get a result! I really appreciated the answers to my million questions answered right away and he helped me feel at ease that my case was going in the best direction. David is very patient and a real person, which made him very easy to work with! His fees are by far the best around and he gives you as much as the high price Attorneys! His heart and soul are in to helping you and I am so glad that I reached out to him! I would recommend him to anyone seeking help in any situation! Thank you David Anderson!read more
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    03:26 17 Feb 17
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    Art Webb
    15:39 05 Jul 17
    Mr. David Anderson recently represented me in my DUI(+) case. Throughout the whole process he kept me in the loop on what was going on, and fought hard for me. I couldn't be more satisfied with the work he did. He did an amazing job and provided great quality service. I would definitely refer this office to anyone looking for a more
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    03:13 29 Jan 18
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Operating While Intoxicated

OWI stands for operating while intoxicated. This is one of the main charges you will receive if a cop arrests you for drunk driving. In order to convict you of operating while intoxicated the prosecutor must prove that you were driving or operating a motor vehicle on a public highway and that at the time your ability to drive or operate that vehicle was impaired by an intoxicant. This is different than the companion PAC citation you likely received.

Unlike the prohibited alcohol concentration citation where the prosecutor must prove your blood alcohol limit was over a .08 at the time of driving, an operating while intoxicated citation requires the prosecutor to prove that your ability to drive was impaired. Your ability to drive must be impaired to a point where you can’t safely operate the vehicle.  It is not enough to show you have consumed an alcoholic beverage and drove. It must be shown that consumed a sufficient amount to impair your ability to drive.

operating while intoxicated

Defending against an operating while intoxicated charge

Defending against an operating while intoxicated charge often requires an aggressive defense. At Anderson & O’Connell, SC that means we explore every avenue. We always file a request to obtain any squad videos that might be available of the arrest. Often these videos will provide some insight as to how an individual performed on the field sobriety tests outside of what the officer reported. If you were pulled over for an equipment violation, or something other than erratic driving, how your performance on the FSTs is portrayed on the video is important.

Common OWI Defenses

  • Challenging the stop – Drunk driving defense often starts with looking at whether or not the officer had a legitimate reason for making a traffic stop. If the officer lacks probable cause to make the stop we may be able to get evidence suppressed. Evidence such as the blood or breath test and the field sobriety tests.
  • Attacking the field sobriety tests – Field sobriety tests must be conducted as the officer was trained. There are three standard field sobriety tests: Horizontal Gaze Nystagmus test, the Walk and Turn, and the One Leg Stand. Each one of these tests presents the opportunity to attack the way the officer administered the test.
  • Challenging the decision to arrest for an OWI – Just as the officer needed probable cause to initiate the traffic stop, he or she needs probable cause to administer the PBT and make an arrest for an OWI. Arguing that under the totality of the circumstances the officer lacked probable cause can result in evidence getting suppressed.
  • Challenging the accuracy of the chemical test – Whether you took a blood test or a breath test a result over .08 BAC does not mean all hope is lost. Machines and laboratories can malfunction and make mistakes. A careful review of the records can lead to compelling arguments for a jury.
  • Blood Alcohol Curve Defense – Just like the defense above, a BAC above a .08 is not the end of it. Successful arguments can be made that at the time of operation your blood alcohol level was lower than a .08. This drunk driving defense is based on the absorption rate of alcohol and the time of last drink.
  • Time of operation/ no witness to driving – Believe it or not, many individuals are cited for an OWI even when the officer does not witness them driving or operating the vehicle. This is common when they find someone sleeping or passed out on the side of the road. In these circumstances the blood or breath test may not carry the same weight. In other instances a good OWI defense attorney can keep the results out all together.

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Impact on a Wisconsin Driver’s License with an OWI Conviction

When charged with an OWI offense, you face a suspension and/or revocation of your driver’s license. For an OWI offense your license will be revoked upon conviction. However, your license may be suspended administratively prior to a conviction for six months.

Your license will be suspended 30 days after receiving a Notice of Intent to Suspend if you do not request an administrative review hearing. It will also be suspended if you lose the administrative hearing. If you are convicted of an OWI offense your license will be revoked. For a first offense OWI your license will be revoked for a minimum of 6 months. Your license can be revoked for up to 36 months for a third offense and above. In addition to a revoked license, you will be required to install an IID upon licensure with a BAC of .15 or more, second offense and above, and any refusal charges. Unfortunately you will not be able to “wait out” the IID.

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OWI/DUI Defense Attorney

Contact Anderson & O'Connell, SC to start your OWI/DUI Defense!

If you have been charged with an drunk driving is Wisconsin it is important to start your defense immediately. There are time sensitive documents that will need to be filed. Furthermore, having an OWI/DUI Attorney on your side will ease your stress. Anderson & O’Connell, SC knows how to defend against these charges and will fight for you. Contact us today to start your defense!

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