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How does a Breathalyzer test device work?
If you were arrested for drunk driving, at some point during your arrest process, police probably administered a Breathalyzer test. The results of this test may have even produced a key piece of evidence in your criminal defense lawsuit, and the prosecution may try to use this evidence against you to convict you of drunk driving. As such, you might want to understand a little more about how Breathalyzer tests work.
The Breathalyzer test machine comes in numerous forms and variety. "Breathalyzer" is a brand name, but other companies may offer breath testing devices as well. Generally, all of these devices work the same, and they are all subject to rending completely inaccurate test results. As such, even if your breath test showed you had a high blood alcohol content (BAC), it doesn't necessarily mean that you will ultimately be convicted.
Breathalyzers analyze the percentage concentration of alcohol in your blood by registering how much alcohol is dissolved into your breath. A scientific testing methodology known as infrared spectroscopic analysis is used to analyze your breath like this. The captured alcohol within your breath is detected because it absorbs light waves that belong to a specific frequency. The more of these lightwaves the are captured, the higher score of drunkenness the Breathalyzer will give you.
How to avoid getting arrested for drunk driving
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.
How To Deal With A Drunk Driving Charge In Waukesha, Wisconsin
In Wisconsin's Waukesha County, a drunk driving charge is formally referred to as Operating While Intoxicated (OWI). There are various ways to be charged with an OWI offense, including driving with a blood alcohol content (BAC) of 0.08 percent or higher; driving under the influence of an illegal drug or other controlled substance; driving with a noticeable measure of restricted or controlled substance in the blood; or driving under the influence of any intoxicant such as alcohol, prescription or over the counter medication, or an illegal or controlled drug.
When pulled over by the police, most people's first inclination is to volunteer information. Although it is generally not wise to refuse to speak with an officer asking routine questions, it would be wise to avoid embellishing or providing extra information. This is because the probability of incriminating yourself or providing more facts that support your guilt increases the more you speak. Rather, you should be polite, calm, and cooperative with the police.
How to defend against a drug possession charge
Due to the differences between drugs and their potential punishments, defendants accused of drug possession will need to tailor their defense strategies to the unique facts and circumstances that apply to their cases. For example, if you've been accused of possessing a kilo of cocaine, your defense strategy will probably be very different from the strategy employed by someone accused of possessing half an ounce of marijuana.
That said, there are certain drug possession defense strategies that -- depending on the circumstances -- could apply to any kind of drug crime accusation.
Here are several common defenses against drug possession
What follows are some of the most common defense strategies employed by those accused of drug possession:
Unlawful search and seizure: The police cannot perform a search and seizure randomly on anyone. The need to have a reasonable cause of action to suspect that the person is in possession of a drug in order to perform a search. For example, maybe the police saw drugs in the backseat of the defendant's car. This would be sufficient reason for them to perform a search. If police perform a search and seizure operation without sufficient cause, then any resulting charges could be thrown out in court.
How to defend yourself against a theft charge
Not all theft accusations are appropriate. Sometimes, people are in the wrong place at the wrong time, or it just appears as if they stole something when they really did not. Regardless of how your theft charges came about, one of the following four theft defense strategies might apply to your circumstances.
Claim that the property belonged to you
Imagine you and a friend have a disagreement about who owns a specific piece of property. You decide to take the property home with you even though there's a disagreement, and your friend calls the police. If you can offer evidence that the property was yours -- perhaps by showing a receipt of purchase -- you will have an excellent criminal defense.
Explain that you were drunk
Imagine you are at a bar and on your way out, you grab someone's cellphone and put it in your pocket because the cellphone looked just like yours. The next thing you know, the police are knocking on your door. If you can explain that you were so drunk that you grabbed the phone by mistake, you might be able to get your charges dropped.
Impaired driving charges can stem from drugs of all sorts
Many people think of drunk driving charges as being associated with only alcohol. These individuals might not realize that they can also face drunk driving charges after taking drugs. Not just illegal drugs, but even legal drugs can lead to a drunk driving charge.
The point to remember when it comes to drunk driving charges is that anything that impairs your ability to drive can lead to a drunk driving charge. It doesn't matter where the substance came from if it has this impact.
When it comes to determining if someone is impaired by drugs, it isn't as easy as it is with a person who is drunk. Instead, police might have to rely on testimony from the person as well as field sobriety testing and chemical tests.
Chemical tests pose a unique problem because some substances will show up on blood tests and urinalysis testing long after the impairment has worn off. This can mean that a person could theoretically face charges for impaired driving when they were actually fine to drive.
In Wisconsin, you must begin fighting drug charges immediately
In Wisconsin, drug charges are a very serious matter. Even as lawmakers are slowly introducing medical marijuana legislation that aims to loosen the restrictions against the drug, the penalties for possessing or dealing drugs or drug paraphernalia are still quite stiff.
If you received drug charges of any kind recently, you must begin building a strong, aggressive defense as soon as possible. The longer than you wait to build a defense and take action for your future, the longer that the state has to build its case against you.
Penalties for drug charges can completely derail your entire life, even if you avoid jail time. Depending on the severity of the charges, you may face thousands of dollars in fines, suspension of your license, increases in insurance premiums, and difficulty finding work or housing.
Many employers do not hire applicants with drug convictions on their record, even if the rest of the resume is impressive. Likewise, many property rental companies have policies against leasing to individuals with drug convictions.
Increasing use of facial recognition technology in law enforcement raises concerns, P.1
An important issue to explore in any criminal defense case is whether law enforcement did their job properly, whether they followed the rules, procedures and protocols to which they are bound. These rules are in place not just to ensure uniformity of procedure, but also to ensure criminal suspects’ legal rights are protected and to uphold the integrity of the criminal process.
The technology used in law enforcement is, of course, continuously developing and it typically takes awhile for the law to catch up to emerging policing technologies. An example of this is the 2001 U.S. Supreme Court case, Kyllo v. United States, which ruled that police must obtain a search warrant before using a thermal imaging device on a private home. Prior to the ruling in that case, the technology had been used in law enforcement for a number of years, but it took time for the legal system to clarify the legality of the technology in the context of constitutional law.
One technology which has recently increased in law enforcement across the country is facial recognition technology. Facial recognition, as it is currently practiced, involves the use of computer software to match the faces of criminal suspects with images in a database. The software, according to a recent report coming out of Georgetown University, is currently used in some form in 16 states, including Florida.
Increasing use of facial recognition technology in law enforcement raises concerns, P.2
Previously, we began looking at the topic of facial recognition technology and its increasing use in law enforcement. As we noted, the technology is used here in Florida. As the Georgetown report we mentioned last time makes clear, there are concerns with the use of the technology. For one thing, police have easy access to photo databases and often aren’t monitored to ensure there is no abuse.
Here in Florida, police and FBI officers are not required to have reasonable suspicion to run a facial recognition search, and searches are not audited for potential abuse by law enforcement agents. From a defense perspective, this is concerning, and not only because of the potential inaccuracies of the technology. Law enforcement could potentially use the technology to track criminal suspects on questionable bases, such as race, religion or political affiliation. They could also use the technology for purely personal purposes, violating individuals’ privacy.
Interesting points about drunk driving in Wisconsin
Drinking and driving is a serious problem because it is fully preventable if drivers don't get behind the wheel after drinking alcohol. With the impacts of this issue in mind, state legislators came up with some very strict penalties for drunk driving.
It is imperative that all drivers take the responsible path and find another way home after drinking. If this doesn't happen, you might find yourself facing criminal charges. Here are some points to know about drunk driving in Wisconsin:
Blood alcohol concentration
There are a few different factors that determine the legal limit of blood alcohol concentration for drivers. If a driver is under the legal drinking age, 21 years old, there can't be any traceable alcohol in the blood. People who are 21 and aren't commercial operators have a legal limit of .08 percent. If the person is a commercial operator, the limit is .04 percent. A person who has three or more operating while intoxicated convictions has a BAC limit of .02 percent.
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