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September 2016 Archives

Attorneys may be able to challenge field sobriety tests

If you find yourself facing drunk driving charges in Wisconsin, then you are in for a fight. Prosecutors, who are often eager to put another conviction under their belt, will aggressively pursue the charges against you by putting forth damaging evidence and witness testimony. This can be overwhelming. You might find yourself wondering how you can push back against police officer testimony and what appears to be scientific evidence. There are defense strategies to attack these aspects of a prosecution's case, but you have to know how to do it properly and convincingly.

How am I assessed under a horizontal gaze test?

Being pulled over by the police in Wisconsin can be stressful under any circumstances, but it can be even more frightening if you are accused of drunk driving. You might get nervous, act fidgety and inadvertently give an officer suspicion. Fortunately, being nervous around a police officer is not a crime. Yet, in an instance like this, you might be asked to submit to one or more of a number of field sobriety tests, the results of which could lead to drunk driving charges.

Sheboygan-area accident results in DUI charges

Accidents happen. In our day-to-day lives, most of these slipups go unnoticed and no harm is caused. When we are in a vehicle, though, a minor mistake can lead to a serious accident. Oftentimes when a car accident occurs, the police become involved, and they may be eager to place blame on someone. This can lead to drunk driving charges. Those who fail to adequately defend against such allegations could be facing the potential of serious penalties, including hefty fines, jail time, license suspension or revocation and damage to one's reputation.

Breath test refusal and probable cause

Wisconsin has an implied consent law, which means that motorists, by virtue of receiving their driver's license, consent to blood and breath testing for intoxication determination purposes. Those who refuse a breath test may be subjected to penalties, including license suspension. A suspended license can wreak havoc on an individual's life, negatively affecting his or her personal and professional life. It may also have an effect on his or her reputation. Yet, simply because there is an implied consent law on the books does not mean that the police can ask an individual to submit to a breath test whenever they want.

Do I have defense options if I tested above the legal limit?

As this blog has discussed in previous posts, by driving in the state of Wisconsin you have given implied consent for your blood, breath or urine to be collected for purposes of alcohol and drug testing in the event that you are accused of driving under the influence. Refusing to give a sample can result in revocation of your driver's license and other penalties, which may cause you significant hardship. However, submitting to the test may also result in serious penalties. But if you submit to a test that shows that your blood-alcohol content is above the legal limit, are you hopeless in defending yourself?

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Melowski & Associates, LLC
524 South Pier Drive
Sheboygan, WI 53081

Phone: 920-299-5074
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