One of the most important pieces of evidence in any DUI case is the alleged blood alcohol level. With a legal limit of .08 percent in Wisconsin, the results of a test could be the difference between a warning and a serious DUI charge. For that reason, ensuring the accuracy of the test could be vital to the successful defense against the charges.
A Wisconsin woman was recently arrested after someone saw her fall off of her moped and then climb back on to continue driving. The woman led police to her home, reportedly without stopping for the police. When confronted at her home, she allegedly admitted to drinking a pint of vodka earlier in the day. Police say that her BAC level was .39 percent.
The driver now faces potentially serious consequences as she prepares to defend her actions. With an alleged blood alcohol concentration of nearly five times the state's legal limit, she will be forced to acknowledge the BAC level evidence law enforcement officials collected against her and pursue a path of defense that may spare her heavy fines and significant jail time.
In cases like this, evidence relating to the blood alcohol concentration of the accused's blood can be of high importance to both the prosecution and defense. The prosecution will rely on the test results to establish a violation; however, the tests are not always perfect. In fact, errors in the testing process or a faulty device can result in a very skewed result. A full review of the evidence, including the testing procedures, the device used and the ultimate results could uncover important issues and allow a challenge at trial that, if successful, could help those accused avoid the serious consequences of a DUI conviction.
While the driver in this case will likely begin preparing her defense, Wisconsin residents facing similar charges may not want to wait to start developing their defense strategy. With the help of experienced DUI defense attorneys, the best possible outcome can be sought based on a thorough examination of the prosecution's case and a vigorous defense against the charges.
Source: Pioneer Press, "Wisconsin moped driver, allegedly drunk, is arrested after fall, police pursuit," Anne Jungen, June 27, 2013