If you’ve recently been charged with Operating While Intoxicated (OWI) in Wisconsin, you will want to build a strong defense. Sometimes, the results of a field sobriety test may not have been accurate, or the officer acted in a way that violated your rights. That could lead to a dismissal or reduction of these charges. 

What are some of the most common defense strategies for OWI charges in Wisconsin? Here is what you need to know so your legal team can apply them to your case.

Was the Traffic Stop Legal?

One of the first things your defense attorney will look at is how and why you were pulled over in the first place. Law enforcement officers need a valid reason to stop your vehicle. This is known as “reasonable suspicion.” 

Reasons can include:

• Swerving on the road
• Running a stop sign
• Having a broken taillight

However, the stop might have been unlawful under the Fourth Amendment of the U.S. Constitution if there was no clear violation or suspicious behavior. 

In this situation, anything that happened after that, including sobriety tests and breathalyzer results, could be thrown out.

Problems with Field Sobriety Tests

Walking a straight line or standing on one leg are some Field Sobriety Tests (FSTs). However, these tests are not always accurate indicators of intoxication.

Officers must follow very specific rules when administering these tests. Any mistakes could affect the outcome.

There are other factors that can come into question. These include uneven pavement, poor lighting, or a medical condition. Any one of these can cause you to fail the test even if you are completely sober.

For example, if you were nervous, tired, or dealing with any physical limitations during this time, that can affect the outcome of your test.

Breath and Blood Tests Are Not Always Accurate

Many people think breathalyzers or blood draws are foolproof. However, that is not true. Breathalyzers need to be calibrated regularly. If the officer skipped a step or the device was not maintained correctly, your test results could be inaccurate.

That can also apply to blood tests. You might be able to challenge certain issues, such as the chain of custody. Any breaks in the procedure can affect the reliability of the results.

A Medical Condition Could Be to Blame

There are some medical conditions that can mimic the signs of intoxication. For example, low blood sugar, neurological disorders, or balance issues can all make you appear impaired. Some conditions may even interfere with chemical tests, which cause misleading results.

If you have a medical issue, make sure your attorney knows. It could offer a legitimate explanation for the symptoms the officer observed.

Violation of Rights

You have rights during any law enforcement encounter, including an OWI stop. If you were not read your Miranda rights before being questioned or denied the chance to speak with an attorney, those are serious violations. In some cases, this can lead to evidence being excluded from your case.

You should never assume that everything the officer did was by the book. Your defense attorney can review the body cam footage, arrest report, and other evidence to identify missteps.

Not Notified of Implied Consent

Wisconsin has an implied consent law. That means that if you are driving, you have agreed to take a chemical test if law enforcement suspects you’re under the influence.

However, officers are still required to explain your rights and the consequences of refusing a test. If they did not inform you or failed to provide the proper warnings, your consent to testing could be challenged.

This issue came into focus with the Supreme Court case Mitchell v. Wisconsin. In this case, there was an issue with warrantless blood draws on unconscious drivers. If something similar happened to you, you may want to discuss that with your lawyer.

These charges are serious, but that does not mean you will be automatically convicted. With these common defenses for Wisconsin OWI, you can make a solid case to challenge the allegations against you.

When you work with an experienced defense attorney, they can look for weaknesses in the case so that you have the best possible chance of a favorable outcome. If you or someone you care about is facing OWI charges in Wisconsin, reach out to Melms Law. Contact us today to schedule a consultation.