Defending yourself against a crime often involves a mix of simple, common-sense approaches combined with rock-solid criminal defense experience on the part of your defense attorney. For now, let's focus on the common-sense aspect of the drunk driving defense process by looking at the most important thing everyone knows about criminal defense in the United States: An accused person will remain innocent of the alleged crimes until -- and only if -- the prosecution proves that he or she is guilty beyond a reasonable doubt.
We all make mistakes, but not all of us make profound and positive contributions to our communities. But what happens if you make lots of big mistakes and lots of big contributions to the community? Perhaps, community leaders will come to your aid and support you by speaking in favor of your good name and past good works.
Police arrest countless individuals on drunk driving charges every evening. However, police and the protocol they use to identify and charge people with intoxicated vehicle operation are not fool-proof. It's very possible for law enforcement officials to make a mistake and arrest someone intoxicated driving, when the accused was completely and undoubtedly sober. For this reason, every person accused of drunk driving will have the right to defend him or herself against the charges – no matter the facts and circumstances surrounding the arrest.
If a police officer pulls you over or suspects you've been driving while intoxicated by alcohol, the officer will request that you take a Breathalyzer test as a part of a larger drunk driving investigation that also includes a field sobriety test. The officer will ask you to do the Breathalyzer test by telling you to blow into a tube. A machine will then analyze the alcohol content of your breath to estimate your state of intoxication.
Some people suffer from the rare condition that turns them into a walking beer factory. These individuals -- when they eat anything that has sugar in it -- suffer from an automatic process by which their bodies convert the food into beer, and this makes them unintentionally drunk. Although it's hard to imagine that it could be true, auto-brewery syndrome is real. Not only that, but in a New Jersey drunk driving case last year, a woman successfully defended against her drunk driving charges because of the condition.
A woman from Muskego who has been convicted of drunk driving five times was recently sentenced to serve a two-year prison term as a result of her fifth drunk driving conviction. The woman was also sentenced to extended supervision for an additional three years.
It's only natural for people to go out to bars, restaurants and parties and needing to get home when the night is done. However, if they've been consuming alcohol, they might be too drunk to drive and not even realize it. Taking to the roads while drunk is unlawful, dangerous and sometimes difficult for drivers to avoid when they're not thinking clearly.
You have a few drinks at the bar and decide to drive home. On the way there, you notice that your car is running out of gas. You pull into a gas station, fill up and then head into the station to pay.
When it comes to drunk driving arrests, most Wisconsin residents know about Breathalyzer tests and the fact that a test result that renders a .08 percent blood alcohol content (BAC) will usually result in an immediate arrest. However, Breathalyzer tests are not always accurate, and they can often get thrown out in court so they can't be used as evidence against the victim.
An operating while intoxicated (OWI) offense in Wisconsin could mean serious consequences in the event of a conviction. If it's a first offense, the punishments will be less severe than subsequent offenses.