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Bucher Law Group, LLC

The reality you face when you are arrested for drunk driving is often a wake up call. There are several things that you need to think about if you have to answer to a drunk driving charge.

Typically, everything that happens from the reason for the traffic stop through the remainder of the legal process might impact your defense options. Make sure you think about all of these points and consider them carefully when you are facing a drunk driving charge.

#1: The officer needs a reason to pull you over

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Being pulled over by the police is often a nerve-wrecking position to be in for motorists in Wisconsin and elsewhere. Whether or not a driver is fully aware of why they were stopped or not, the driver is likely nervous that they could face a traffic charge. In cases where a driver is suspected of drunk driving, a driver might be unsure what they are required to do and what they may refuse to submit to. While drivers are likely to comply with field sobriety tests, they might be wary when it comes to taking a breathalyzer.

Can you refuse a breath test during a suspected DUI stop? If a driver is asked to submit to a breath test and refuses to comply with this request, the driver could face serious consequences. If an officer has reasonable suspicion that a driver is under the influence of alcohol and asks a motorist to submit to a breathalyzer test to determine their BAC level, the driver could face a driver's license suspension for refusing to comply.

Even though a driver is not under arrest at the point where a roadside breath test is requested, the prosecution can still base a potential DUI charge on other evidence collected at the scene. This often includes the officer's observations, witness testimony and the results of the field sobriety test. Thus, even if a breath test is refused, a DUI charge could still occur. And, on top of that, a driver could face penalties for refusing the breath test.

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Being pulled over by the police is often an overwhelming event. For some motorists, it might be unclear why they were stopped; however, no matter the allegations, if a citation is issued, fines are likely to result. When drunk driving allegations are made, however, motorists could also face serious penalties. This charge is unlike other traffic violations and could result in the loss of a license, hefty fines and even jail time. Thus, it is important to understand the situation fully and what steps could be taken to avoid such consequences.

With many years of combined legal experience, Bucher Law Group, LLC, has seen its fair share of DUI cases. In fact, our law firm has helped countless past client successfully defeat drunk driving accusations. Our attorneys are dedicated to serving residents in the Delafield area, and our main focus is to serve the needs and goals of our clients.

When an individual is stopped, whether it is for a traffic violation or following an accident, it must be a valid police stop. Our skilled attorneys will not only look at the details of the stop but everything that took place during the stop. That means exploring the steps taking during a sobriety test, breath test and whether proper procedures were followed during a search and seizure and an arrest.

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The State of Wisconsin takes drunk driving or driving under the influence of drugs very seriously. That can mean that charges put you at risk of strict punishments. Fortunately, you're an adult with a long history without criminal charges. You have a good job, and you have positive references. There are affirmative defenses to DUI or OWI charges, so you can continue with the clean reputation you've always had.

1. You were under duress

This is more common than you may think. When you drive under duress, you are driving in order to avoid death or a serious injury. For example, if a person holds a gun to your head and forces you to get behind the wheel, you're driving under duress. Another possibility is if you drive because you're being attacked and escape, or if you flee a location to avoid something dangerous happening there. It's a good idea to show why you were driving under duress and to show you drove as little as possible to escape the dangerous situation.

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Drivers in Delafield are undoubtedly aware that it is against the law to operate a vehicle under the influence of alcohol or drugs. Being stopped, arrested and charged with drunk driving can lead to various penalties. If there is an accident and the circumstances are of sufficient severity, there can be a charge of homicide. Those who are arrested for driving under the influence in any way need to make certain that they have a strong defense planned to avoid a conviction.

A man who was arrested after a crash in early January is now facing charges of homicide. This arrest was made after a head-on accident in which the man in the other vehicle died 10 days after the accident. The man who was arrested, who is 21-years-old, has been charged with two different forms of homicide by vehicle. When law enforcement officials investigated the accident, they allegedly discovered that the man smelled of alcohol. He was reportedly asked if he had been drinking and replied that he had. Since the man was injured, he was not able to take part in any field sobriety test.

While at the hospital, law enforcement officials state that the man reportedly admitted to having had several beers the previous night and might have had some alcohol out of a flask. He claimed to not have had an alcohol that morning and was on his way to work when the accident occurred. Blood was drawn at the hospital for testing. In their investigation, law enforcement officials say that they found prescription bottles. His mother stated that he uses Adderall and trazadone. At the hospital, he had a bottle of amphetamine/dextroamphetamine on him. A witness stated that he saw the man's vehicle cross the center line and urgently go back into his own lane. This happened again and the crash happened.

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