For a long time now, Wisconsin law enforcement agencies have been attempting to crack down on drunk driving. As a result, many Wisconsin residents are bearing the brunt of overzealous officers who violate citizens' legal rights and force them to wrongly confront criminal charges. When this happens to an individual, he or she needs to carefully consider how best to pursue a criminal defense that will protect his or her legal rights, freedom, money, and reputation.
One Wisconsin man may need to do that now after being arrested for DUI. According to police, the 47-year-old man was subjected to a traffic stop on the Interstate for deviating in his lane. The officer who conducted the stop alleges he smelled alcohol when he approached the vehicle. Field sobriety tests were administered and after the man was taken to jail, his blood was drawn for toxicological testing. Police also allege that there was a child under the age of 16 in the vehicle.
It is critical for Wisconsinites to recognize that even if they fail field sobriety tests and blood test results show a high BAC, the law may still protect them from criminal conviction. How? One of the best ways is to get evidence suppressed. There are many reasons that will force a court to disallow evidence from being used against a defendant, including an illegal stop.
Some may refer to these as technicalities, but they are, in fact, meant to protect citizens' legal rights. Therefore, those who have been accused of drunk driving should scrutinize the law to see if their legal rights have been violated. A skilled attorney can assist with this process and creating a sound legal strategy.
Source: The Journal Times, "Man arrested for OWI with child in vehicle," Aug. 6, 2016