How to Build a Strong DUI/OWI Defense Strategy

The consequences of DUI/OWI charges can be severe, impacting your personal life, professional reputation, and even your freedom. But it’s important to remember that being charged does not equate to being guilty.

It’s important to know there are strategies available that can help you navigate drunk driving charges and potentially mitigate the consequences. There are many advantages to hiring a criminal defense attorney for DUI/OWI cases, and helping craft a solid defense is one of them.

In this article, we’ll explore how an expert attorney can help you build a strong defense strategy for a DUI/OWI case.

What is the Difference Between DUI and OWI?

Before diving into the strategies for building a strong defense, it’s crucial to understand the distinction between DUI and OWI. Both DUI (Driving Under the Influence) and OWI (Operating While Intoxicated or Impaired) are terms used to describe impaired driving. The usage often depends on the state.

In Wisconsin, as well as other Midwestern states like Michigan, Iowa, and Indiana, OWI is usually used. Despite the different acronyms, both charges essentially involve operating a vehicle while under the influence of alcohol or drugs.

Understanding OWI Penalties in Wisconsin

In the state of Wisconsin, penalties for Operating While Intoxicated (OWI) vary greatly depending on the number of offenses and specific circumstances involved. For a first-time offender, the consequences typically include:

• Fines up to $500
• Up to nine months suspension of your license
• Mandatory alcohol treatment

For a second offense, occurring within 10 years of the first, the penalties could include:

• Fines up to $1,100
• Up to nine months suspension of your license
• Jail sentence of up to 6 months

Understanding these penalties is key to building a strong OWI defense strategy, as it helps you comprehend the severity of the charges and the potential consequences you may face.

Working with an Experienced DUI/OWI Attorney

Working with an experienced DUI/OWI attorney can be pivotal to the outcome of your case. They are well-versed in the nuances of drunk driving laws and court procedures. They will thoroughly analyze your case and help you build the right strategy.

Furthermore, an experienced attorney can guide you through the complex legal process, ensuring your rights are protected every step of the way. They can navigate plea bargains, negotiate reduced penalties, and if necessary, represent you effectively in court.

There’s a lot to consider when choosing a defense attorney for your OWI/DUI case, but it is an important first step that should not be overlooked.

Establishing Your Defense

When you are charged with DUI/OWI, it is important to get started on your defense as soon as possible. Your attorney will help you gather evidence and present a strong legal argument in court. An experienced DUI/OWI lawyer can also assist with the following:

Reviewing Law Enforcement Procedures

Reviewing the law enforcement procedures followed during your arrest is critical as it can unearth potential violations of your rights or inconsistencies.

The legality of the traffic stop is important to examine, as law enforcement must have reasonable suspicion to initiate a stop. From there, the procedures followed during field sobriety tests, breathalyzer tests, and the arrest itself should be reviewed as well.

Remember, every detail matters when building a defense and a meticulous review of law enforcement procedures can provide valuable insights for your case.

Examining the Breathalyzer Results

A key component in building a robust DUI/OWI defense strategy is examining the breathalyzer results. Breathalyzers are often used by law enforcement to establish a driver’s blood alcohol content (BAC). However, these devices are not infallible and can sometimes provide inaccurate readings. It’s essential to involve an attorney with a deep understanding of breathalyzer mechanics and the related laws.

Looking at Your Driving History

Your driving history plays a significant role in shaping your DUI/OWI defense strategy. A clean record can serve as a compelling argument for leniency, potentially leading to reduced penalties. On the other hand, a history of traffic violations or past DUI/OWI offenses can complicate your case, resulting in more severe consequences.

An experienced attorney will carefully review your driving history, using it to inform your defense strategy. They can highlight positive aspects, such as a long period of safe driving, or mitigate the impact of negative elements, like past infractions.

Lastly, understanding your driving history can help you anticipate potential challenges and prepare accordingly.

Understanding the Prosecuting Attorney’s Strategy

Understanding the prosecuting attorney’s strategy is a crucial aspect of building a strong DUI/OWI defense. Prosecutors in these cases typically rely on evidence such as breathalyzer results, field sobriety tests, and officer testimonies to prove that you were operating a vehicle under the influence.

Being aware of their approach can help you and your attorney anticipate their arguments and prepare effective counter-strategies. Similarly, discrepancies in officer testimonies can be exploited to create doubt about the accuracy of the events reported.

Hiring an Experienced Criminal Defense Lawyer

Given the complexity and ever-changing nature of DUI laws, hiring an experienced criminal defense lawyer can significantly improve your chances of a favorable outcome.

If you have been charged with drunk driving in Milwaukee, and need an expert DUI attorney in Milwaukee, call Fenton Law Office at 414-858-6650. Attorney Jay Fenton has helped many clients achieve favorable outcomes for their OWI cases and can help you craft the right defense strategy.