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How Can a Criminal Defense Attorney Help with OWI/DUI Charges?

admin • December 16, 2024

A driver may face prosecution for OWI/DUI in Wisconsin after driving or operating a motor vehicle while under the influence of an intoxicant or controlled substance that renders them incapable of driving safely. Police-obtained breathalyzer or blood test results are compelling evidence that can be hard to refute, which is why it’s so important to get help from a seasoned criminal defense attorney. Some benefits of hiring legal counsel for a DUI case include the lawyer's knowledge and experience, their ability to create a defense strategy, their negotiation skills, and their ability to argue persuasively in court. 


Legal Experience


A criminal defense attorney will thoroughly understand Wisconsin's DUI laws and know how to review evidence in a DUI case, such as police reports, arrest records, and chemical test results. The attorney's legal knowledge and experience with DUI cases can allow them to identify potential defense strategies based on the facts of a defendant's case. 


Crafting a Compelling Defense Strategy


Although the prosecution may seem like it has an airtight case, a criminal defense attorney can identify potential defense strategies that may help a defendant avoid a conviction or minimize the harshness of a sentence after a conviction. Common defenses a DUI attorney might pursue include:


  • Challenging field sobriety or chemical test results by highlighting the officers' failure to follow testing protocols or using uncalibrated or contaminated testing equipment
  • Challenging the legality of the traffic stop by showing the arresting officer lacked reasonable suspicion of DUI or another traffic offense
  • Presenting evidence of the defendant's medical conditions or medications that may have affected their behavior or test results


Negotiating for Reduced Charges or Sentencing


A skilled defense attorney may vigorously advocate on your behalf to obtain lesser penalties when the prosecution has a solid case to obtain your conviction. For example, an attorney may convince prosecutors to agree to a plea deal involving a charge of reckless driving instead of OWI/DUI. An attorney can also help first-time DUI defendants obtain admission to the Treatment Alternatives and Diversion Program. Finally, a persuasive legal advocate can argue on your behalf to convince the court to impose less than the maximum possible penalty for a DUI conviction. 


Representation in Court


A defense attorney can appear on your behalf during all court proceedings to advocate for your rights and interests and prepare you for what to expect at each court appearance. An attorney can also file pre-trial motions to challenge the admissibility of the prosecution's case or the sufficiency of evidence to bring you to trial. Suppose you choose to fight a DUI charge. In that case, an attorney can present a compelling defense case at trial to highlight deficiencies in the prosecution's evidence and argue how the state's case fails to prove guilt beyond a reasonable doubt. 


Contact a Criminal Defense Lawyer


If you’ve been arrested for DUI, get the legal help you need to pursue a favorable resolution to your charges. Call Cohen Law Offices today at 715-514-5051 for a confidential consultation with an experienced criminal defense attorney to discuss your legal options for fighting OWI/DUI Charges in Wisconsin.

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