reduced/dismissed owi charges in wisconsin

Ways to challenge an OWI

1. Challenge the legality of the traffic stop

   • Did law enforcement have reasonable suspicion to have a traffic stop? Police cannot stop vehicles random or based on reasons unrelated to the law. Law enforcement can only stop vehicles for the following reasons:

     • Violating a traffic law

     • Equipment violations

     • Traffic checkpoints

     • Erratic driving

     • Fitting the description of a vehicle involved in a crime.

2. Challenge whether law enforcement had additional reasonable suspicion to transform an ordinary traffic stop into an investigative stop

3. Challenge whether law enforcement had the necessary quantum of probable cause to administer a preliminary breath test

   • The preliminary breath test is taken at the scene of your traffic stop. If you refuse the chemical test, you can sometimes face even more severe penalties for a refusal than a first OWI.

4. Challenge whether law enforcement had probable cause to arrest

5. Challenge the results of the chemical test 

   • An attorney can contest the ways breathalyzers are administered, whether procedure was followed, and the capabilities of the devices themselves.