What defenses can be used to fight a drunk driving charge?

In Wisconsin, there are several possible defenses to fighting a drunk driving charge. Generally speaking, these involve challenging the accuracy of the evidence or questioning the legality of the police officer’s conduct. The most common defense is to challenge the accuracy of the state’s chemical test results. If there is reason to believe that the results were not gathered correctly or that the machine used was unreliable, it may be possible to have the charges dismissed. It is also possible to challenge any field sobriety tests conducted by the police officer, especially if the environment was not suitable for such tests. Other defenses may include arguing that the officer did not have reasonable suspicion that the person was driving while intoxicated. In order for an officer to lawfully detain a person under suspicion of drunk driving, he must have observed the person displaying certain signs of intoxication, such as swerving, speeding, erratic driving, or other behaviors. If there is no evidence of such behavior, the defense may be able to argue that the officer did not have reasonable suspicion and the charges should be dropped. Finally, it is possible to argue that the police officer did not follow obligatory procedures during the arrest. This includes supplying the accused with a Miranda warning and obtaining any necessary search warrant before conducting a search. If the officer did not properly follow the procedures, it may be possible to challenge the legality of the arrest and have the charges dismissed.

Related FAQs

What is the difference between driving under the influence (DUI) and driving while intoxicated (DWI)?
What are the long-term consequences of a DUI conviction?
When is a person considered legally intoxicated?
What is the legal limit for blood alcohol concentration (BAC) in my state?
What are the rights of a person charged with a DUI?
Is it possible to reduce a DUI charge to a lesser offense?
Are there any alternatives to a criminal DUI conviction?
What are the possible criminal penalties for a DUI conviction?
How can a person challenge the results of a sobriety test?
What type of settlement can a person expect from a drunk driving lawsuit?

What defenses can be used to fight a drunk driving charge?

Related FAQs

Related Blog Posts