62 Things YOU Need to Know
About Your OWI DUI Case
That NO ONE is Telling You!
5 things the District Attorney does not want you to know :
He may not have all the witnesses available to prove his case.
He may have exculpatory evidence which would prove your innocence.
You have a right to a jury trial.
He may have evidentiary problems in proving your blood alcohol level.
He may be bluffing.
6 of the facts that must be proved before you can be found guilty:
Your identity
As a driver
Of a motor vehicle
In the state of Wisconsin, while
Your blood alcohol level was over one of the prescribed limit or
You were affected to the slightest degree in your driving ability.
What you must do immediately to preserve your right to drive: 10 questions your attorney must ask you.
What your itinerary was prior to arrest.
Your consumption of alcoholic beverages.
Your observations of the officer.
The officer's stated reasons for stopping you.
Whether the officer asked or ordered you to take roadside tests.
Your performance on roadside tests.
Statements you made to the officer.
What the results were of any breath or blood tests.
Whether there were witnesses to your arrest.
Whether you were observed prior to a breath test.
4 items crucial to your defense?
A good investigation of the facts, including the blood or breath test procedures.
Vigorous cross-examination.
A sound understanding of constitutional principles.
An experienced attorney.
Why a jury trial is advisable:
Six or twelve people have to agree on your guilt instead of one.
Judges hear these cases all the time. Juries take a fresh look at a case.
What is necessary to get a jury trial:
In a second or subsequent offense in Wisconsin, you automatically have a right to a jury trial.
In a first offense, you must make a written jury demand and pay a small jury fee.
How the arresting officer's testimony can be impeached:
Inconsistent statements.
Failure to recollect.
Failure to properly follow roadside test procedure
Failure to properly follow breath or blood test procedure
Testifying to facts that are not in his police reports.
4 requirements which must be followed for chemical and roadside tests to be valid:
The officer must have had a reasonable suspicion that you were violating the law before he stopped you.
The officer must have probable cause to make you take a preliminary breath tests.
The officer must have probable cause before he arrests you and before he requires you to take a chemical test.
The officer must give you your Miranda rights after you are arrested, if he is going to interrogate you. This is usually done after the breath or blood test.
What are the 2 key pieces of information which must be learned in deciding to go to trial?
An estimation of the weaknesses and strengths of the State's case against you.
The effect of a conviction.
How to determine if you can plea bargain, and at what step you should do it.
Get the best lawyer that you can find.
Listen to his advice.
No honest lawyer can guarantee the outcome of any case; but a good lawyer will give a fair estimate of your chances, tell exactly how much it will cost, and give you a fair appraisal of all of the risks.
The effect this arrest have on my license and when I will be able to drive:
If your blood alcohol was over the legal limit or you refused a test, you may not be able to drive at all for a long period of time.
You may or may not be able to get an occupational permit, depending on your driver's record. See my Wisconsin OWI Penalties Page.
4 preliminary motions that should be considered, and the danger to you if they aren't:
Motion to suppress evidence on the ground that you were unconstitutionally stopped.
Motion to suppress evidence on the grounds that there was an unconstitutional search and seizure.
Motion to suppress statements on failure to give Miranda rights.
Motion for Discovery of all evidence.
If these motions are not filed, your case may not be dismissed when it should have been. You may not be told about evidence which would prove your innocence. An experienced lawyer will know when these motions should be filed, and will consider and evaluate them in every single case.
7 defense tactics that should be considered in pre-trial motions:
Contest the constitutionality of the stop.
Contest the admissibility into evidence of the roadside tests.
Contest the constitutionality of the probable cause to arrest.
Contest the constitutionality of the Miranda rights.
Contest the manner in which roadside tests were given.
Contest the use of a Preliminary (roadside) Breath Test.
Contest the constitutionality of any search and seizure.
Not every motion should be filed in every case. But every motion should, at least, be investigated in every case.
How To Choose A Lawyer:
Get the best lawyer that you can possibly afford, not the cheapest lawyer that you can find.
Beware the discount lawyer.
Find a lawyer who is a member of the National College of DUI Defense (www.ncdd.com).
How To Win:
Do not assume that you cannot win. Drunk driving cases are difficult. But, with an expert attorney, many cases can be won.
Adams, Brown, Calumet, Columbia, Dodge, Door, Florence, Fond du Lac, Forest Green Lake, Jefferson, Juneau, Kenosha, Kewaunee, Langlade, Lincoln, Manitowoc, Marathon, Marquette, Marinette, Milwaukee, Oconto, Oneida, Outagamie, Ozaukee, Portage, Racine, Rock, Sauk, Shawano, Sheboygan, Vilas, Walworth, Washington, Waukesha, Waupaca, Waushara, Winnebago and Wood.
The Andrew Mishlove Law Offices
The Eastlake Towers Corporate Center
4425 North Port Washington Road
Suite 110
Milwaukee, Wisconsin 53212 Phone 24 hours: 414-332-3499
Toll-free
(877) DUI-DREW or (877) 384-3739 Email:andrew@Wisconsin-OWI.com
