Being arrested for DUI (Driving Under the Influence) can be a confusing and frustrating experience, especially if you blow under the legal limit in a roadside breathalyzer test. Today, we will explore the unique circumstances in which you can still be arrested for DUI, despite registering a blood alcohol concentration (BAC) below the legal limit of 0.08 percent. If this has happened to you, contact an aggressive criminal defense attorney to fight to have the charges against you dropped, allowing you to move on with your life. 

Breathalyzer Accuracy and Field 

While breathalyzer tests are commonly used to determine a driver’s BAC, they are not infallible. Factors such as calibration errors or improper administration can lead to inaccurate results. Law enforcement officers often rely on additional evidence, such as field sobriety tests, to assess a driver’s impairment level. If a driver exhibits signs of impairment, regardless of the breathalyzer result, they may still be subject to DUI arrest. 

Observational Evidence of Impairment

Law enforcement officers are trained to observe and document signs of impairment during a traffic stop. These signs can include slurred speech, bloodshot eyes, the smell of alcohol, or erratic driving behavior. If a driver exhibits these signs, an officer may arrest them for DUI, even if the breathalyzer indicates a BAC below the legal limit. Even before the traffic stop takes place, if an officer observes an individual driving erratically, they may, on those grounds, choose to initiate the traffic stop. Once the traffic stop is underway, the officer will look further for any evidence of impairment. 

Driving under the influence (DUI) is a very serious criminal offense in Wisconsin. Drivers that get pulled over under suspicion of DUI bring considerable legal exposure to themselves, which could lead to fines and imprisonment. Therefore, if you happen to be pulled over for suspicion of DUI, there are various effective ways to avoid incriminating yourself. Today, we will review steps you can take to avoid incriminating yourself if you are ever pulled over for DUI suspicion. Call a criminal defense attorney today to begin building your defense if you have been arrested for DUI.

How to Not Incriminate Yourself When Pulled Over for Suspicion of DUI

When pulled over in this scenario, try your best to remain composed and courteous while the officer has you pulled over. Even if you do not consider yourself under the influence, portraying calmness to the police is vital in reducing the possibility of being perceived as intoxicated or unstable. Also, remember to ask why you were pulled over in the first place, which is well within your rights to ask. In most cases, the officer will explain the reason to you. While asking this question, remain as clear and polite as possible, as the officer will likely be watching your every move during this time.

Next, consider declining any field sobriety test you are asked to take part in, particularly if you have some form of disability that may make it appear that you are drunk or intoxicated when in fact, you are not. In Wisconsin, declining field sobriety tests do not result in your license being automatically revoked. However, keep in mind that declining field sobriety tests will likely encourage the officer to perform a chemical test. And if you refuse a chemical test, your license may face automatic revocation.

Boating and enjoying Wisconsin's lakes is a beloved summer activity for many Wisconsinites. However, what started as a day of fun on the water can sometimes end in criminal charges.  Boating under the influence (BUI) is a serious offense that can have significant legal consequences. If you have been arrested for BUI, contact a criminal defense attorney as soon as possible to ensure you can safeguard your rights as you look to overcome the charges. 

What Constitutes BUI in Wisconsin? 

Just like driving under the influence in a vehicle, Wisconsin statutes prohibit operating a watercraft while under the influence of alcohol or controlled substances. A person is considered intoxicated if their blood alcohol content (BAC) is at or above 0.08 percent or if it affects their ability to operate the watercraft safely. In Wisconsin, a BUI conviction can levy fines of up to $300. If convicted of a subsequent BUI within five years of your first, you can spend up to six months in jail and face fines up to $1,000. Moreover, a 3rd BUI conviction can land you in jail for up to one year and carry fines of $2,000. 

Please note that an exception to the 0.08 percent limit is if you are a commercial boating captain, wherein you are required to maintain a BAC of below 0.04 percent.

It is a nightmare scenario for most people: getting pulled over after having several drinks. Suddenly, you see the flashing lights in your rearview mirror, and your stomach drops. You think, “What should I do if the police officer asks me if I have been drinking? Or worse, to take a breathalyzer test?” There are essential things to know if you are ever in this situation.

You may be surprised to learn that you have more rights than you think. However, you will need to proceed with caution because anything you say or do could be used in building a DUI case against you. So let us look at some of the relevant details before you decide whether to take or refuse a breathalyzer test. 

What Does the Law Say?

In Wisconsin, there is something called “implied consent” to testing for blood-alcohol-concentration (BAC) for simply driving a car on a highway or street in Wisconsin. Accordingly, you consent to chemical testing when an officer in a particular situation requests you or when you are required to do so.

Receiving a traffic ticket can be a stressful and intimidating experience. It is important to understand your options and rights so you can make an informed decision about how to proceed. Knowing what steps to take when you experience a traffic law violation can make all the difference.

Steps To Take Immediately After Receiving A Traffic Ticket

Remain calm and gather all necessary documentation. This includes the traffic ticket itself and any proof of insurance you may have.

Determine the deadline for responding to the ticket. This information should be provided on the ticket itself. It is important to respond by the deadline in order to avoid additional penalties or consequences.