Watch this video to learn the basics of drunk driving defense.
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Title Slide: Defenses for a OWI Charge With Attorney Pat Stangl
Q1:What defenses are there for an OWI charge?
There could be numerous defenses for an OWI case. There could be a problem with a machine that tests you, if it's a breath test. There could be an issue with respect to the blood being drawn, if it's a blood draw.
There could be problems with how the vehicle was stopped, how you were arrested, what facts support the stop or the arrest, and you can also have a situation where you have unabsorbed alcohol in your body, where you are actually operating the vehicle with a concentration less than the legal limit, and as the alcohol becomes absorbed, your blood alcohol begins to rise, giving you a concentration above the legal limit sometime after you've been driving the vehicle.
Q2: How does the defense of a first-time offender differ from one with multiple past offenses?
Well, it depends on where the case is brought, meaning an OWI-first could be brought in a municipal court, like a city court. It can also be brought by the county, or it could be brought by the state of Wisconsin. It really depends on where you are and who picks you up. That determines where the case will initiate. Also the more prior offenses, the more serious the penalties, the higher the stakes, and the greater likelihood of jail time and imprisonment.