Operating while intoxicated (OWI) charges can be the result of a crash or erratic driving. Police officers may intentionally target someone who seems to have a diminished ability to safely operate a motor vehicle. That being said, some people get arrested for OWI charges after a crash caused by another driver or a traffic stop for an unrelated issue. Police officers may ask leading questions, request field sobriety tests or administer a chemical test before arresting a motorist.
Those facing OWI charges may want to fight the allegations made by the state. Successfully defending against OWI charges helps people avoid criminal penalties and a lifelong record of the conviction. An OWI defense strategy can sometimes involve proving that an individual did not technically violate the law.
Can motorists establish a lack of impaired ability to avoid an OWI conviction?
Poor driving isn’t necessary for a conviction
Contrary to what people often assume, OWI charges do not necessarily need to involve clear displays of diminished capability at the wheel. Police officers can arrest someone for an OWI offense based on their performance at the wheel. However, state prosecutors do not need to prove that someone was incapable of driving safely to secure a conviction in the Wisconsin criminal courts.
All they need to establish is that the driver was over the blood alcohol concentration (BAC) limit that applies given their age and license type. For most drivers who can legally drink, the BAC limit is 0.08%. Test results showing someone at or over that limit can justify their prosecution regardless of other circumstances.
Thankfully, an arrest based solely on a technical OWI offense provides a driver with ample opportunity to defend against those allegations. They can theoretically raise questions about the accuracy of the test results and provide alternate explanations for why their BAC was over the legal limit. In some cases, they may even be able to challenge the legality of the traffic stop itself as a means of avoiding a criminal conviction.
Reviewing the state’s evidence with a skilled legal team can help people develop an OWI defense strategy. Fighting charges that rely solely on chemical test results is possible in a variety of different circumstances.