5 Police Mistakes That Can Affect Your Wisconsin OWI Case
Wisconsin OWI Arrest? Your Madison DUI attorney can help
Mounting a defense to an OWI arrest is difficult. Still, the circumstances of your case can create an opening for an experienced attorney to help you avoid charges. Often the police fail to follow their rules in ways that compromise the case. Before you accept or plead guilty to the charges being made against you, take the time to meet with a Madison DUI attorney.
1. Illegal Stop or Arrest
Before a police officer stops you, he or she must have reasonable suspicion or probable cause that you are committing a crime. This might come from observing erratic driving or some other indication, but the officer has to be able to provide a reason for stopping you in the first place.
2. Improper Field Sobriety Test
Police officers have specific guidelines they must follow when administering field sobriety tests. If they do not follow them, the evidence they gather from the test may not be admissible against you. This can be a way to avoid OWI penalties.
3. Inaccurate Report
The officer is required to file an arrest report when you are brought in on OWI charges. Sometimes these reports are sloppy or contain inaccurate information. When this occurs, you can challenge the report.
4. Improper Conduct
If you were stopped at a field sobriety checkpoint, the officer has rules he or she must follow. If the officer does not act properly, you may be able to challenge the arrest on these grounds to have your case thrown out.
5. Failing to Prepare for Hearing
An experienced Madison DUI attorney will prepare to challenge the records and conduct of an arresting officer. If the officer does not study the facts of the arrest, he or she will struggle as a witness. This can create a path for you to avoid punishment.
No one should ever operate a vehicle under the influence of drugs or alcohol. If you have been pulled over and arrested for OWI, though, the right Madison DUI attorney can help you avoid a conviction where the police did not act properly.