Operating while under the Influence, or OUI, can be a very expensive and difficult experience for just about everyone involved.
If you have just been arrested, now is a good time to assess your situation sooner rather than later. At Monahan & Johnson, S.C. we help people protect their DUI rights after a drunk driving arrest.
We start the process of protecting your rights by reviewing all of the circumstances involved in your OUI arrest. All of the evidence related to your OUI charges should be reviewed and challenged vigorously when appropriate.
From experience, we know constitutional rights may be violated in the course of an OUI stop and arrest. With this in mind, we also know not everyone with OUI charges is innocent. However, circumstances related to the offense are often considered in addition to OUI police reports and various sobriety tests. In a typical case, a person is charged with two separate crimes. The first is operating while intoxicated. The government will use the circumstances surrounding the stop, behavior during investigation, driving, behavior of the accused and field sobriety tests, among other pieces of evidence to try and convict you. We will do all we can to prevent this.
The second charge is driving with a prohibited alcohol concentration (PAC). For 1st time offenders in Wisconsin, this is .08 blood alcohol concentration or higher at the time of driving.
The government will use blood, breath or urine test results to try to convict you. Our job is to make sure all steps and policies and procedures were followed during the test.
In addition, each person processes alcohol differently through their body. The factors involved in this need to be closely examined in each drunk driving case.
Building Your OUI Defense
The first step in your OUI defense is gathering all the specific details related to your arrest. A credible defense starts with knowing every detail. The sooner you collect all related details the better.
If you need your driver’s license, immediate action will be needed to set a hearing to fight the OUI administrative suspension. The clock is running because the license suspension will occur automatically 10 days after your drunk driving arrest. Remember, even if you have been arrested, it does not automatically mean you are guilty or you have to face the charges alone. But, you should have an experienced DUI Lawyer working for you to protect your interests.
Were Your Rights Violated During the OUI Arrest?
There are many moving parts in an OUI arrest. With each step, there are opportunities that can assist your DUI Lawyer in challenging drunk driving charges. All of these steps will combine to minimize the inconvenience and difficulty caused by a drunk driving conviction. Below are questions your DUI lawyer will need answered for your defense –
• Did the arresting officer have probable cause to pull you over and detain you?
• Were your Miranda Rights read to you?
• Did the officer not witness you driving?
• Was your car not being driven at the time?
• Was the breathalyzer test administered during a certain time frame after your last drink?
• Were the arresting officer’s observations inconsistent with multiple witnesses who saw you?
• Were you given a proper field sobriety test?
• Did weather conditions affect your testing results?
If you do not know answers to these questions, you need a DUI lawyer. These are the issues that will be discussed in your court appearance. Not knowing the answers long before you court appearance nearly guarantees your drunk driving conviction.
The table below shows the increasing penalties as the number of OUI offenses increase. At Monahan and Johnson, S.C. we strive to avoid the conviction whenever possible.
Monahan and Johnson S.C. in Beloit WI has experienced DUI Lawyers ready to assist you in navigating the OUI arrest process.
Monahan and Johnson S.C. offer free drunk driving phone consultations to Beloit and Janesville WI area residents. You will meet one-on-one with an experienced DUI Lawyer. Call or email Tom Johnson today at 608-362-8086 for more insight about how to proceed with an OUI defense in Beloit WI.