Technically, you can still be charged with DUI (OWI in Wisconsin) even though your alcohol content was below the legal limit. Generally, in Wisconsin, a drunk driving offense carries two charges, Operating While Intoxicated (OWI) and Operating with a Prohibited Alcohol Concentration (PAC). If you are below the legal limit, the prosecution cannot proceed with the PAC charge, but they can still proceed on the OWI charge. However, I would definitely seek legal counsel as this is a potentially...
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Often charges like this may get reduced once you can show that you possess a valid license. However, this wholly depends on the prosecutor and court. I do not know if you qualify for a public defender as this may not be the type of case they take, but the Indiana DOT should be able to tell you what is needed to reinstate your license. To have the case dismissed, you will need to either speak with the prosecution or retain a lawyer to do that on your behalf.
Yes, you should consider fighting it. Field sobriety tests are to be conducted on a dry, flat surface. If the hill was severe, that could compromise the reliability of the test. Another unique issue is the search of the vehicle, as a search of the vehicle can be legal under a few, select circumstances. I would encourage you to consult with a lawyer that focuses on DUI/OWI cases.
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