An OWI case is more than a test result. The defense begins with how police made contact, why the vehicle was stopped, what happened during the roadside investigation, whether an arrest was supported, and how chemical testing was requested and handled.
Start with the stop and the evidence
Video, dispatch records, police reports and witness accounts can be important in determining whether the stop or other police contact was lawful and whether the observations reported by an officer are supported by the available evidence. A defense review should examine the sequence of events rather than assume the arrest narrative is complete.
Breath, blood and other testing
Chemical-test evidence can raise questions about timing, collection, handling, laboratory procedures and the relationship between a later test and the time of alleged driving. The significance of those issues depends on the test and the facts of the case.
Refusal allegations
A refusal matter can create a separate set of issues and deadlines. The interaction between a refusal allegation and an OWI charge can be important, so paperwork should be reviewed promptly rather than set aside until the next court date.
Prior offenses and sentencing exposure
Prior OWI-related events can affect how a new matter is treated. The correct analysis requires reviewing the actual record and current law. Because penalties and licensing consequences can change, the correct analysis should be based on the actual record and current law rather than an old online penalty chart.
Defense strategy
Potential issues can involve the legality of the stop, the scope of detention, probable cause, statements, operation, testing, prior convictions and admissibility of evidence. When the evidence cannot reasonably be excluded or disputed, the defense focus may shift toward reducing the consequences and presenting the strongest available mitigation.
Related information
This page provides general information and is not legal advice. The law, available defenses and potential consequences depend on the facts and current law.