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4 Ways to Get an OWI Dismissed in Wisconsin

Written by Mark Eisenberg on . Posted in Blog, Criminal Defense.

Charged with OWI in Wisconsin? Here are 4 potential defenses:

When you are stopped and arrested for OWI in Wisconsin, you face significant fines, as well as jail time and license suspension. The consequences are serious, and your ability to defend these charges is often limited. But you do have defenses available to you for OWI Wisconsin; Madison WI attorney assistance from Eisenberg Law Offices is available.

  1. Illegal Stops: The police cannot stop you at random. They need a valid reason, which can include erratic driving;, violating a traffic law; equipment violation; and a vehicle that fits the description from a crime. If you were stopped without a valid reason, you may be able to suppress the evidence and have your OWI dismissed.
  2. Challenge Breathalyzer Results: Breath tests must meet specific criteria to be valid. This can include the way the test was administered, the condition of the device itself, or even your medical condition that can affect the reading on the device. If any of these impact the reading, dismissal becomes possible.
  3. Probable Cause for the Breathalyzer: Before you get to the breath test, a police officer must have probable cause to administer it. An improper stop is one ground for dismissal, but the officer also needs to have sufficient reasons to believe you were driving under the influence. If you are not driving or behaving erratically, your OWI attorney can argue that the test should never have been administered.
  4. Fight Your Suspension: In Wisconsin, your OWI arrest entitles you to a separate proceeding for suspension of your driver’s license. This can present an opportunity for you. If your attorney succeeds in getting your suspension reversed, the prosecuting attorney sometimes dismisses the remaining OWI charges as well.

You must take the charges seriously if you are arrested for an OWI Wisconsin; Madison WI attorney help is available. Eisenberg Law Offices’ experienced attorneys will examine your case and identify any paths of dismissal available to you. We will find defenses and help you present the best case for your OWI charges.