Madison DUI Attorney | Fight DUI Homicide Charges
Charged With Vehicular Homicide? A Madison DUI Attorney Can Help Mitigate The Charges
Causing the death of another person with a car is a criminal offense in Wisconsin. If drugs or alcohol played a factor in the incident, the charges and penalties are particularly harsh. This is not the time to be your own advocate. A Madison DUI attorney is your best chance of minimizing the lifelong damage that such a charge can create.
3 Steps To Take Immediately Upon Being Arrested For Vehicular Homicide In Wisconsin
- Remain Calm. If you have been charged with vehicular homicide the first thing to do is keep calm. Even though the situation seems grim, help is available.
- Contact A DUI Attorney. You have the right to contact an attorney upon your arrest and you also have the right to remain silent and only be questioned in the presence of your attorney. One of the first things you or a loved one should do after an arrest is contact a qualified attorney to represent you and not talk to police.
- Be Thorough And Honest. There are many factors that can influence your case. Be thorough and honest with your attorney. Even information that seems insignificant to you may be important in your case. Share it with your lawyer.
What To Expect From Your Defense Attorney
Your attorney does more than defend against whatever evidence is presented against you. He or she will conduct his/her own investigation into the situation, collecting evidence and presenting relevant material to the judge and jury. This is an extremely important step since a well prepared and presented case can reduce or even eliminate your responsibility for the incident or reduce the fines and penalties assessed.
In order to secure a conviction, police must prove two things:
- That you were impaired or under the influence at the time of the incident, and
- That the intoxication contributed to the cause of death.
Even in situations that resulted in a death, proper procedures must be followed. This makes the need for the proper collection and presentation of evidence in a homicide case critical to the outcome. To prove intoxication, your blood work must have an illegal level of alcohol or drugs when the incident occurred. Even this is not enough to secure a conviction; law enforcement must demonstrate that they properly collected, recorded, and managed the blood collection and analysis from the time of collection through the trial. A failure to do so could result in the information not being admissible in court.
A Madison DUI attorney will closely examine the evidence and the procedures used to collect it to determine its legitimacy. They will also examine defenses options. It may be argued, for example, that:
- Medical personnel incorrectly collected and/or tested for substances in the blood.
- There was a medical need for the offending substance to be in the blood. Many prescription medications that are classified as “intoxicants” can make you appear intoxicated when you were not.
- Incidental factors contributed to the death.
- Traffic, weather conditions, and the health or actions of the victim him/herself may have contributed to the death.
- Lack of probable cause for an arrest.
Any one of these factors, or several of them, may come in to play and influence the outcome of the case in your favor. Even if the situation feels hopeless, it is in your best interests to consult a Madison DUI attorney to review the facts of the case, help you understand your position, and evaluate your legal options.
Present Your Best Defense With Help From A Madison DUI Attorney
Eisenberg Law Offices provides free confidential consultations for DUI or homicide cases in Wisconsin. Contact us at 608-256-8356 or request a consultation online to learn more about our services and how we can help you develop a DUI defense.