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Bucher Law Group, LLC
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Waukesha County OWI defense lawyer

Drinking alcohol is a large part of American culture, especially for younger people. Not surprisingly, those age groups are also the ones who are at a higher risk of being involved in drunk driving accidents. According to the latest data from the National Highway Traffic Safety Administration (NHTSA), nearly 11,000 people died in alcohol-related traffic crashes in 2017. The NHTSA also states that the most effective way of stopping drunk driving accidents is through preventing them from occurring in the first place. Here are a few tips that you can use to make sure you do not find yourself being charged with Operating While Intoxicated (OWI) in Wisconsin:

  • Make sure you have a designated driver. Before you even leave for the night, you should make sure you have a designated driver in place. This person should agree not to drink alcohol and promise to drive everyone home at the end of the night.

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Milwaukee County DWI AttorneyThere are multiple ways you can be charged with operating a vehicle while intoxicated (OWI) in Wisconsin, and all of them have serious consequences. You be charged with OWI if your blood-alcohol content is more than .08, if you have a detectable amount of an intoxicant or restricted controlled substance in your blood, or if you are under the influence of any drug or controlled substance.

It is never a good idea to get behind the wheel if you have had too much alcohol, or if you have taken illegal or prescription drugs that can negatively impact your ability to drive. The National Highway Traffic Safety Administration reported about 32 percent of all fatal Wisconsin traffic accidents in 2016 were alcohol-related. 

If you are convicted of an OWI, you may face a lengthy license suspension or revocation. You could offset that inconvenience with an occupational license. Here are the details: 

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New Wisconsin OWI Law Affects People With Multiple Convictions

Waukesha, WI OWI defense lawyer DUI laws drunk drivingIn March 2018, a new Wisconsin OWI law was passed by Governor Scott Walker. The purpose of this law is to permanently revoke the driver’s licenses of individuals who have been convicted of four or more offenses related to drunk driving. The state of Wisconsin believes that anyone can make a mistake, but making the same mistake four times is inexcusable, and it is time to get repeat drunk drivers off the roads.

The new law states that if someone is convicted of four or more DUI-related offenses or had a second OWI in combination with two other OWI-related offenses (such as second-degree homicide involving a vehicle or injury by intoxicated use of a vehicle), their driver’s license will be permanently revoked by the Department of Transportation.

It is important to note that the fourth offense must arise within 15 years of the previous conviction. In the event someone has lost their license and is caught driving, they will be forced to pay a fine of $2,500 and may spend up to one year in prison. Second offenses may lead to a $10,000 fine and/or a year in prison.

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b2ap3_thumbnail_shutterstock_13686835-1.jpgPolice officers are regular people who make mistakes. If you’ve been arrested for a DUI, it’s important to realize that the police officer who pulled you over may have made a mistake. Since a mistake by a police officer may help you avoid a conviction, you should familiarize yourself with the most common police mistakes in DUI arrests.

  1. Lack of Probable Cause. In order to pull you over, a police officer must have had probable cause that you were driving under the influence of alcohol. If you were not swerving, speeding, or engaging in any other driving behavior that may lead a police officer to believe you were under the influence, your arrest may be invalid.
  2. Errors with Field Sobriety Tests. Field sobriety tests assess balance, coordination, and the ability of a driver to pay attention to more than one task. There are strict, detailed procedures for administering field sobriety tests. For instance, police officers must take fatigue, certain medical conditions, and the weather into consideration when administering these tests. Since it can be complicated to administer field sobriety tests, police officers may often make errors.
  3. Inaccuracies in Blood Alcohol Content or BAC Testing. The purpose of a BAC test is to measure the amount of alcohol in your bloodstream. There can be inaccuracies with a BAC test if a police officer makes a mistake because they collect the sample incorrectly, use unsterile equipment, cause fermentation issues, or fail to analyze the sample in a timely fashion. You should note that your DUI case will not be automatically dismissed if any of these police mistakes are found. By working with a highly skilled DUI attorney, you can determine whether any of these mistakes were made. If they were, the attorney can construct a persuasive and strong defense strategy and increase your chances of avoiding a conviction.
  4. Inaccurate Police Reports. Some police officers do not take any notes when they are conducting a stop. Then, they forget exactly what happened and fill out police reports with inaccurate information. Inaccurate police reports can bring the officer’s credibility and reliability into question.

Contact Our Waukesha County DUI Attorneys Today

If you’ve been arrested for a DUI and are wondering whether any police mistakes can improve your situation, it is in your best interest to consult our experienced Waukesha County DUI attorneys. Call us at 262-303-4916 for a free consultation.

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