The penalty for drinking and driving in American states can be quite steep. The penalty for professional drivers can be even steeper, which is why managing DOT testing records is so important within the transport industry. Any first-time offender would want to do everything they can to fight the charges and get them dismissed. If one fails to defend themselves properly, they can lose their license and possibly end up in jail. A second arrest for OWI/DWI will have much worse consequences. Due to the serious threat that drunk driving poses to the public, prosecutors are reluctant to drop Las Vegas DUI Attorney (called OWI in Wisconsin) charges. They do everything possible to make the process difficult for the accused. To come out successful, one will need the services of an aggressive DUI lawyer. The lawyer will take them through a systematic process to help them negotiate with the prosecutor and come out successful.
Hire a Lawyer
Although one is eligible to get a state-appointed criminal-defense attorney, hiring a private lawyer would be much easier to get their OWI/DWI charges dropped. One should know that the best and most affordable attorneys are actually quite effective as well. An attorney who practices in one’s local area is the ideal choice because they are familiar with the prosecutors and judges. They must have sufficient, extensive experience with a good reputation.
A seasoned defense attorney from a reputed law firm would be able to offer an initial consultation that can be quite insightful. Make a list of questions ahead of the consultation to cover as much information as you can. One must ensure that they understand everything pertaining to their case. Moreover, one should resist the urge to select a lawyer just because they charge the lowest fees. They may not be the best choice.
Building the Case
Have you been charged with DWI ? If yes, you probably know that the direction of the case often depends on the kind of evidence the prosecution has against the defendant. If the charges are purely based on the field sobriety test, there is a good chance the case will be dropped. Field sobriety tests are the most difficult to prove, especially if there is no other evidence of intoxication. Sobriety tests are mostly based on the officer’s observation, which can sometimes be flawed. Breathalyzer tests are more difficult to challenge.
Additionally, many medical conditions can interfere with the test results. For instance, certain types of diet like Atkins-style diet produce alcohol when ingested, and the breathalyzer cannot tell the difference. A leg injury may also cause the defendant to fail a sobriety test, though their driving ability is not impaired. The prosecuting attorney will provide the defendant’s lawyer with all the evidence they have against the defendant. They will look at the context of the stop, and what probable cause the officer had for pulling the defendant over.
Working with the Prosecutor
If there are any required driving classes that those convicted of OWI are required to attend, they should make prompt arrangements to complete them. This sends a positive signal to the prosecutor that one is taking steps to be more responsible. Taking the class does not mean that one is admitting guilt. Rather, it shows that one is proactive. The lawyer might discuss the possibility of plea bargains before the trial begins. Prosecutors are usually unwilling to drop OWI charges, thus having a competent lawyer that understands the law can be very instrumental in getting the charges dropped.