An Operating While Intoxicated (OWI) or a Driving Under Influence (DUI) charge or a drunk driving arrest can have a range of serious consequences – a fine, jail time, loss of your driver’s licence and the installation of a breathalyzer in your car.
With able and experienced legal counsel you can ensure that your legal rights are protected and your case handled in the right manner.
The most critical evidence used for proving OWI or DUI are blood tests. If the police suspect you of driving under the influence (probable cause), they can administer either a breath or blood alcohol test. Both measure the level of blood alcohol concentration (BAC) in your body. By obtaining a driver’s license, you have given police the implied consent for you to take such a test.
The police assess the levels of intoxication in a driver with their observations or your behavior and the OIW or DUI Blood or Breath tests. Blood tests are typically provided at a local hospital/clinic by a medical professional.
The BAC test measures the amount of alcohol in the blood at the time when the sample is drawn from you, and not when you were driving. A general rule of thumb is that your blood alcohol level is highest about 30-60 minutes after you have stopped drinking.
In addition to the test by the police, you have the right to ask for additional tests if you feel the need.
While you have the right to refuse blood/breath – alcohol content testing, there are penalties like loss of driving privileges and an inference of guilt that you were impaired while operating a motor vehicle. Police also have the option to carry out forced blood draws.
The BAC test results are vital evidence for prosecution in OWI and DUI cases, as the results will be used to prove that you were driving under the influence whether by alcohol, drugs or other substances. To prove its case, prosecuting authorities must establish that the test is unimpeachable on all accounts (accuracy, chain of custody, etc).
BAC results can be challenged – test results can be inaccurate due to human error /fallible instruments, or the police might have had no legal right to conduct the BAC test. Thus, expert legal advice is essential. A knowledgeable and experienced attorney will know what to look for and will be able to thoroughly assess the validity of the test.
At Eisenberg Law, our OWI and DUI attorneys will ensure the best result possible given the circumstances of the case. With timely and expert advice, we aim to reduce the emotional, legal and financial impact of an OWI or DUI charge or arrest. Contact us for a Free Initial Consultation.
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The Information Contained In This Site Is Not Intended To Provide Legal Advice. Please Consult An Attorney To Discuss The Facts Of Your Individual Situation. Eisenberg Law Office, S.C. 308 E. Washington Ave., Madison, WI 53703 USA (608) 256-8356