Defendants in Wisconsin who have been accused of drunk driving will have various criminal defense strategies available to them. However, only certain methodologies will apply to any given case depending on the facts and evidence being presented by the prosecution, and depending on the potential punishments involved.
That said, here are three common defense strategies used by lawyers in Wisconsin:
Police must have a valid reason -- virtually any valid reason -- to pull over a driver, such as the driver not having his or her headlights on or crossing the double-yellow line. If police stop a driver for no good reason and it ends in an arrest, then the resulting charges could get thrown out of court.
Bad handling of chemical test samples
Whether police use a Breathalyzer test, or hold a test without a Breathalyzer through a blood or urine sample, these tests are hard to prove as accurate in some cases. If the defendant can show that lab technicians or police mishandled the samples related to the test, he or she might be able to get the lab results thrown out as evidence.
Rising alcohol levels
A defendant might get pulled over while driving sober, but while waiting, previous alcoholic drinks could enter his or her bloodstream and increased. This could result in a false test result that showed the person was too drunk to drive; however, he or she wasn't too drunk when he or she was actually driving.
Do you need to defend yourself against a DUI charge? A lot of defense options will be available to you so make sure you understand each carefully.