To be accused of and arrested for OWI in Waukesha is no laughing matter. These are serious criminal charges that carry with them equally serious penalties. Yet it should also be remembered that an arrest should not be viewed that same as a conviction, and that the accused will have every chance to explain himself or herself in court. While many may roll their eyes at the thought of one arguing his or her way out of a possible OWI conviction, the courts cannot simply dismiss the possibility that the defendant may have another explanation for his or her apparent impairment.
Such was the case with a Wisconsin Dells police officer that was recently arrested for OWI. He was alleged to have deviated from his lane while driving, striking a dumpster and another vehicle before driving himself home. When police arrived later, he admitted to having drunk a few beers after returning home. A breathalyzer test confirmed his impairment. Yet due to the fact that he had not been administered the test within the three-hour window required under the current Wisconsin statute, even the investigating officer voiced his opinion that the charge would ultimately be dropped. That’s eventually what happened, although the officer was still charged with other non-criminal violations associated with the crash.
The key to mounting a successful argument against an OWI charge is knowing what is and is not permissible under the law. Given his background in law enforcement, this police officer may have already understood the laws governing OWI. Yet most will not have such knowledge, and thus may want to consider working with a criminal defense attorney to help with their cases.
Source: Portage Daily Register “Charges against Dells officer dismissed” Jason Cuevas, Jan. 14, 2014