10 Surprising Factors That Can Affect Your DUI/OWI Case Outcome

10 Surprising Factors That Can Affect Your DUI/OWI Case Outcome
Many believe that the outcome of DUI/OWI cases is directly tied to the most obvious factors, such as blood alcohol concentration (BAC) levels. However, there are many other factors that can have a significant impact on the outcome of a DUI/OWI case.

In this article, we’ll unveil the critical yet often overlooked aspects that could determine the fate of your legal situation. Join us as we explore these pivotal factors, offering indispensable insights for those navigating these charges.

Article Summary:

  1. Time of Day
  2. Previous Convictions
  3. Cooperation with Law Enforcement
  4. Admissibility of Evidence
  5. Field Sobriety Tests
  6. The Arresting Officer
  7. Blood Alcohol Concentration (BAC) Level
  8. Location of Arrest
  9. Mitigating Circumstances
  10. Public Perception
  11. How a DUI/OWI Lawyer Can Help

1. Time of Day

The time at which you were pulled over and the subsequent events leading up to your arrest can heavily influence your case’s outcome. For example, if you were arrested during rush hour traffic, it may be easier for a skilled lawyer to argue that erratic driving was due to congestion rather than impairment. Conversely, if you were driving late at night in an area known for its nightlife, the prosecution may use this to suggest that alcohol or drug consumption was a contributing factor.

2. Previous Convictions

Having prior DUI/OWI convictions on your record can undoubtedly harm your case. Depending on the state, a history of drunk driving offenses could result in more severe penalties, including longer jail sentences and higher fines.

It can also negatively impact the court’s perception of you as a responsible citizen, making it more challenging to argue for leniency or dismissal of charges.  Handling multiple DUI charges requires the help from a specialized attorney with legal defenses that could mitigate the impact of previous convictions.

3. Cooperation with Law Enforcement

Your behavior and attitude during the traffic stop can make a significant difference in how prosecutors view your case. If you were cooperative and respectful towards the police, it may reflect positively and potentially result in a more favorable outcome. In contrast, being argumentative or uncooperative may suggest guilt and make it harder to negotiate a plea deal.

4. Admissibility of Evidence

The admissibility of evidence is crucial in DUI/OWI cases, as any evidence obtained unlawfully cannot be used against you. If your rights were violated during the arrest or breathalyzer test, your lawyer can raise this issue and potentially get the evidence thrown out. This can significantly weaken the prosecution’s case and improve your chances of a favorable outcome.

5. Field Sobriety Tests

Field sobriety tests, such as walking in a straight line or standing on one leg, are often used to determine impairment. However, these tests are subjective and can be influenced by various factors, including weather conditions or physical limitations. Your lawyer can challenge the accuracy and validity of these tests, potentially leading to a dismissal or reduction of charges.

6. The Arresting Officer

The credibility and experience of the arresting officer can play a significant role in your case’s outcome. A well-trained officer with a solid track record may make it more challenging for your lawyer to discredit their testimony. On the other hand, if the officer has a history of misconduct or unprofessionalism, it could weaken their testimony.

7. Blood Alcohol Concentration (BAC) Level

While the role of BAC levels are an essential factor in DUI/OWI cases, they are not always the determining factor. Your lawyer may argue that your BAC level was due to factors such as a recent meal or medication, rather than alcohol consumption. Additionally, if the sobriety test was not administered correctly or on a calibrated device, it could call the results into question.

8. Location of Arrest

The location of your arrest can impact how prosecutors handle your case. For instance, if you were pulled over in an area known for frequent DUI/OWI arrests, they may be less likely to negotiate a plea deal. On the other hand, if you were in an area with few DUI/OWI offenses, they may be more inclined to offer a favorable resolution.

9. Mitigating Circumstances

Mitigating circumstances, such as having a sober driver present or seeking alcohol treatment after the incident, can potentially lead to reduced charges or penalties. Your lawyer can argue these factors to the court, highlighting your efforts to make amends and prevent future offenses.

10. Public Perception

10 Things You Didn’t Know Can Affect Your DUI/OWIPublic perception and pressure can also influence your case’s outcome, especially in high-profile cases. A highly publicized DUI/OWI arrest can lead to stricter penalties and a harsher judgment from the court. Your lawyer may need to implement a different strategy to combat this negative perception and achieve a favorable outcome.

How a DUI/OWI Lawyer Can Help 

Navigating a DUI/OWI case can be overwhelming and intimidating, but having an experienced lawyer on your side can make all the difference. A knowledgeable attorney can assess your case’s unique factors and devise a strong defense strategy to fight for your rights and minimize the consequences. With their expertise, they can navigate the complexities of the legal system, negotiate with prosecutors, and provide valuable guidance and support throughout the process.

For a skilled OWI lawyer in Milwaukee, contact Fenton Law. Our team is dedicated to defending clients facing DUI/OWI charges and achieving the best possible outcome. We understand the gravity of these charges and will work tirelessly to protect your rights and future. Don’t face a DUI/OWI charge alone – let Fenton Law be your advocate. Call us today.


By Attorney Jay Fenton, Owner of Fenton Law Office

Jay Fenton is a top-rated criminal defense attorney in Milwaukee who goes above and beyond for his clients. He has successfully secured favorable outcomes in countless cases, from negotiating plea agreements to filing pre-trial motions and managing complex appeals. Attorney Fenton also has had tremendous success achieving not-guilty verdicts at trial. His dedication and aggressiveness make him one of the best attorneys around.