Drunk Driving DUI
Monahan & Johnson S.C., as experienced DUI lawyers in Beloit, understand, under Wisconsin Law, there are two different crimes making up the generic term-drunk driving. They are driving under the influence (DUI) and driving with a prohibited blood alcohol concentration (PAC).
To obtain a DUI conviction the prosecutor has to show after consuming alcohol, you were not able to safely drive or operate your motor vehicle on a public highway while under the influence of an intoxicant. “Under the influence” means that your ability to safely control the vehicle is impaired.
Alternatively, for operating a motor vehicle with a prohibited blood alcohol concentration, the prosecutor would have to prove you drove or operated a motor vehicle with a blood alcohol concentration higher than allowed by law. For most drivers for a first offense the PAC is .08 percent or higher.
Drunk driving convictions can have serious consequences to you and your family. As a result, you need a well versed Beloit DUI lawyer. For example, you can face mandatory jail for second and subsequent offenses, large fines, loss of license, and increased insurance costs. If you are licensed to drive in another state or have a CDL, a Wisconsin conviction can have very harsh consequences for you.
There are several ways a DUI lawyer in Beloit that can attack a drunk driving charge. For instance, if the state is alleging you have prior convictions for DUI, it may be the state is improperly counting those priors. Furthermore, it may be you can attack one of the priors, so the State can’t use the prior conviction against you. Moreover, the officer has to have a reasonable suspicion the driver or occupants of the car have committed an offense before the officer can stop you. You cannot randomly be stopped so an officer can see if you have been drinking. In addition, we look to see if the field sobriety tests were properly administered. Did the officer have probable cause to arrest you? Was the testing of your blood or breath done properly? Did the proper person draw your blood? Was the person trained to administer the breath test?
Drunk driving cases can be complicated, with harsh consequences! We urge you to contact Monahan & Johnson S.C. to see how our knowledgeable DUI lawyers in Beloit can assist you