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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.

There will be numerous legal strategies available to defendants as they navigate their criminal charges. Such strategies may include:

1. Challenge evidence presented by the prosecution

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Posted on in OWI

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.

Breathalyzer tests are known to be plagued by inaccuracies, however, and many drivers don't trust them. This prompts a lot of people to refuse a Breathalyzer test out of the fear that false or inaccurate evidence from the test could later be used against them in court. Fortunately, there are several situations in which a driver can legally refuse to submit to a Breathalyzer test.

If the officer has yet to establish any kind of drunk driving evidence against you, and the officer is merely asking you to perform a Breathalyzer test as a way of fishing for evidence, you may have the legal right to refuse the test in some cases. However, in other cases, refusing a breath test can result in serious criminal consequences and even the suspension of your drivers' license.

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No one intends to get arrested and accused of drug crimes, but sometimes -- whether it's because they were simply in the wrong place at the wrong time or they actually committed a narcotics-related offense -- Wisconsin residents may find themselves in trouble with the law. In one recent case, Madison-area law enforcement authorities arrested and charged two men with possessing large quantities of heroin and selling it to smaller drug dealers in the region.

On June 26, police arrested a 40-year-old Sun Prairie man and a 39-year-old town of Madison man. The arrest was made on tentative heroin possession charges with the intent to maintain a drug house and deliver drugs.

The operation was completed by the Dane County Narcotics Task Force, the Wisconsin State Division of Criminal Investigation. Members of these police agencies entered and searched both of the men's separate residences -- presumably with search warrants -- proceeded to search the homes and ultimately arrested the men.

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Posted on in OWI

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.

The accused woman claimed that she enjoyed drinking as much as a gallon of orange juice a day, and that she was also a recovering alcoholic. On the night of her arrest, the woman says that she had been sober for nearly a decade, but she also felt drunk. In fact, the woman explained to the jury that she had been feeling strange for approximately a year before her DUI arrest. During the arrest, she blew a level .10 when given a Breathalyzer test.

After the woman later obtained a diagnosis of auto-brewery syndrome, she was able to get her DUI charges reduced. Auto-brewery syndrome results in a patient's digestive tract getting overloaded with yeast that ferments carbohydrate-rich foods. The case could be one of the first examples of the successful use of the "auto-brewery defense. Most sufferers of this condition don't realize they have it until after a negative consequence results.

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After years of different states legalizing same-sex marriage, the federal government finally legalized same-sex marriage for all across the entire United States. Could the same thing happen for marijuana? Not exactly, but many more states would likely come on board if the federal government decided to legalize the substance.

Senate Minority Leader Charles E. Schumer recently introduced a new piece of law that -- if passed -- would decriminalize marijuana under federal law and remove the drug from the federal government's controlled substances list. The proposed law is dubbed the "Marijuana Freedom and Opportunity Act."

According to Schumer, "The time to decriminalize marijuana is now." the senator described the legislation as "the right thing to do." He said that he hopes the legislation offers an approach that is sufficiently balanced to gain bipartisan support, not only in Congress, but also throughout the nation.

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