OWI Charges When You Are Below the Legal Limit
You can still be charged for an OWI if you are below the limit
Wisconsin, like most states, has a threshold blood alcohol content that defines legal intoxication. That limit, .08, is the point at which you will automatically be found legally intoxicated. Unfortunately, testing below that level may not be enough to free you of OWI charges. If you are arrested for an OWI, you will need to work with an experienced criminal defense attorney.
What OWI Really Means
OWI stands for operating while intoxicated. One measurement of intoxication is the legal limit for blood alcohol content. If you take a breathalyzer or blood test and measure higher than .08, you may be found guilty. There are other ways to measure intoxication, though. Every individual is different. Some people will be impaired at lower levels, and police officers will look for signs before they give a test.
When a police officer pulls you over, he or she often conducts field sobriety tests. They look for signs like slurred speech, slow movements, and loss of balance. If you show any of these signs of intoxication, you can be arrested even without testing at the legal limit
Building Your Legal Defense
If you are arrested for OWI, this can be frustrating. Remember that there is no level of safe drinking and driving. If you have had even one drink, there is a good chance that it will affect your judgment and your driving ability. Even if you are below the legal limit, driving when you are impared remains illegal.
On the other hand, being below the legal limit gives you room to argue. An experienced criminal defense attorney might look at whether the police officer was justified in pulling you over or testing you. He or she can also challenge whether the police officer conducted the field sobriety tests appropriately. Being under the legal limit may not save you, but it gives you a chance.
If you are in the Madison, Wisconsin area, Eisenberg Law Offices can help with your OWI defense. If you are arrested when you are below the legal limit, contact us online or at 608-256-8356 to build your defense.