Can DUI Charges be Dropped or Reduced in Eau Claire?

A common question that arises among people who are charged with as operating while intoxicated (OWI) in Wisconsin is whether they can have their charges dropped or even dismissed. As usual in legal matters, the answer to this question is “it depends.”

When you are arrested for any kind of OWI offense in the Chippewa Valley, you should get in touch with the experienced criminal defense attorneys at Cohen Law Offices as soon as possible to immediately begin examining the details of your case. Our firm will know how to look at all of the circumstances surrounding your arrest in the Eau Claire area and will be able to identify what could be your greatest defense strengths.

Three Common Ways to Defend OWI Charges

When a person is arrested for an OWI in Wisconsin, potential defenses are typically going to hinge on separate elements relating to the crime. These will include:

●     Questioning the Legality of the Traffic Stop — Although this is a relatively uncommon defense in most OWI cases, it is not out of the question that a police officer did not have a valid reason to conduct a traffic stop. Police officers generally must witness some kind of traffic violation, equipment violation, or erratic driving when they have not set up checkpoints to stop random drivers or they are investigating a motor vehicle allegedly involved in a criminal offense. In other words, police officers cannot stop people based on their appearance, such as race.

●     Challenging Probable Cause for a Breath Test — A police officer needs probable cause to request a breath test from a driver. When a driver has denied drinking any alcohol, an officer may still request a test when they believe the alleged offender is being dishonest. People who decline to perform breath tests can have their driver’s licenses immediately suspended for one year for refusing to comply with these requests. That said, you do not need to perform field sobriety testing.

●     Challenging Breath Test Results — Undoubtedly one of the most common reasons that OWI charges are reduced or dismissed in Wisconsin concerns validity of the test results themselves. There can often be major questions about the accuracy of these results when the machines the tests were performed on were not properly maintained. There could also be issues relating to calibration. The average person has no idea how any of these defenses would be available on their own, which is why it is so critical for any alleged offender to immediately invest in qualified legal counsel.

 

Contact Your Eau Claire OWI Lawyer

Call Cohen Law Offices at (715) 514-5051 or contact us online if you were arrested for an OWI offense anywhere in the greater Eau Claire or west central WI. Our firm regularly defends clients accused of all kinds of drunk driving crimes.

With almost 50 years combined experience, Michael Cohen and the lawyers at Cohen Law Offices will work zealously to defend your case and work tirelessly to achieve the most favorable possible outcome in your case.