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Posted on in OWI

Not everyone who is accused of drunk driving is guilty. In fact, Wisconsin police frequently make mistakes during traffic stops that lead to an inappropriate arrest. Here are three ways that false DUI arrests might happen:

Police thought you were driving when you were the passenger: Imagine your friend is the designated driver who is diligently taking you home from a party in your own car. However, on the way home, your friend gets into an accident. You both get out of your car to examine the damage, and when police arrive, they don't believe that your friend was driving. Instead, they assume that you were driving while drunk and they arrest you for a DUI.

You have mouth alcohol: Imagine you just drank an alcoholic beverage, so the alcohol is still in your stomach. You can also smell it on your breath. However, your blood alcohol level is well within the legal limit. If police pull you over, they might smell the alcohol and decide to give you a breathalyzer test. If you accidentally burp while doing the breathalyzer exam, it could result in mouth alcohol that elevates your breath test reading beyond the legal limit. Mouth alcohol happens frequently, which is why police must observe you for approximately 15 minutes before giving you a breath test to ensure that you haven't burped.


If you've been accused of drunk driving, you're in danger of having a bad mark on your criminal record. That mark could get in the way of employment opportunities -- particularly ones that involve driving.

Different kinds of criminal background checks expose different types of offenses. Depending on the nature of the check, your prospective employer might discover your drunk driving charge. Although your employer -- be it a federal agency or a Wisconsin business -- cannot discriminate against you based on a drunk driving conviction without a valid reason, this kind of discrimination can happen under the radar.

Background checks and getting hired for a job


The best way to handle a drunk driving charge in Wisconsin is to avoid getting arrested in the first place. Aside from becoming a teetotaler and refraining from drinking completely, there are a few precautions that every Wisconsin driver should make if he or she wants to prevent getting hit with this very serious criminal charge.

Here are a few tips from State Farm Insurance, which will prevent you from getting arrested and charged with a DUI:

  • Select a designated driver for the night. This person will be your sober buddy who will make sure you get home safely without needing to drive drunk.
  • Ask someone to give you a ride. If you're too drunk to drive, don't be shy to ask a sober friend to give you a lift. Most people will be happy to oblige.
  • Take keys away from drunk people. If someone is intoxicated at a party, don't be shy to take the person's keys away from him or her. Even though the person might react negatively, think of it this way: You could be saving a friend's life.
  • Offer your guests water, juice, coffee and soda. Never pressure people at your party to drink alcohol.
  • Offer lots of food. This will reduce the intoxicating effects of alcohol.
  • Organize alternate transportation. Offer transportation to all guests at your party to ensure they have a safe way of getting home.

There are many more excellent tips that will keep the guests at your party safe. Be sure, most importantly, to use common sense. Furthermore, if you do find yourself arrested and charged with impaired driving -- whether you were intoxicated or not -- don't be shy to reach out for legal assistance from an experienced criminal defense attorney.

It's that time of year again: Labor Day weekend. A time when we spend the weekend with family and friends at fun barbeques and parties. Most Wisconsin residents look forward to this fun time to enjoy the last days of summer with the people we love. Wisconsin police also prepare for this time because it's when they increase their drunk driving patrols via the statewide "Drive Sober or Get Pulled Over" campaign.

The Drive Sober or Get Pulled Over initiative started on Friday, Aug. 18, and will not end until Labor Day, Sept. 4. Here's what the Director of the Wisconsin Department of Transportation's Bureau of Transportation Safety said about the campaign: "Whether it's caused by alcohol, prescription medications or other drugs, impaired driving is illegal, it's dangerous, and it risks the lives of everyone along our roadways."

Wisconsin drivers be warned: The Drive Sober or Get Pulled Over initiative means that extra officers will be patrolling the roads for more hours of the day. The increased visibility of police is meant to encourage people to drive responsibly and refrain from getting behind the wheel while drunk. The officers will also be conducting more arrests. WisDOT is encouraging drivers to download its Drive Sober mobile application which offers a blood alcohol estimator, a feature to select your designated driver for the night and a find-a-ride home feature, which helps you find alternative transportation if you become inebriated.


When a Wisconsin driver gets pulled over and police suspect him or her of drunk driving, it can lead to an arrest and DUI charges. However, it's important to note that these incidents can happen in many different ways -- and sometimes the charges brought against the accused person are in error, or they are unlawful.

When faced with unlawful or wrongful DUI charges, accused motorists may need to defend themselves in court to preserve their legal rights and innocence of the crime. Accused persons will have a host of DUI defense strategies available to them, but depending on the facts pertaining to their cases, only a handful of defense strategies will likely apply.

Here are two less common defenses that may only apply to a select few circumstances:

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