First offense, the officer never told me what he stopped me for. He started off with where are you coming from. He said he smelled alcohol on my breath and ask me to step out of vehicle. I did everything officer asked me to do. I kept asking him is this the way I suppose to do it? I remember him looking at phone, could been a recording device. Not sure I never been ask to step out of vehicle before. He barely showed me how to do the heel to toe walk, Which I kept asking to confirm this is what your asking for. I was trying communicate with the officer to make sure I understand what it is he was asking of me. I was also nervous. I seem to pass the sobriety test. He did not arrest me until I took field breathalyzer. I have not yet got a chance to look at the police report. I'm so stressed out.
Criminal Defense Attorney
It's difficult to get an OWI 1st offense citation reduced, and I'd say close to impossible without a lawyer. Because the 1st offense isn't criminal in Wisconsin, a public offender won't be available to you.
If you want to challenge the citation, you probably should hire an attorney. Officers can't pull people over without a reason, though they don't necessarily have to tell the person right away. And an officer needs to have a justification for asking you to submit to the preliminary breath test on the side of the road. The most effective way to challenge those things is through your attorney.
One last thing that I always make sure to mention is that you either have already been given or you will receive a Notice of Intent to Administratively Suspend Operating Privilege. That suspension will take effect 30 days after you receive it if you don't file a request for an administrative hearing within 10 days of receiving it, so if you're thinking about contesting your citation and/or hiring an attorney, you should get that request filed as soon as you can.
2 lawyers agree
Criminal Defense Attorney
In WI, an OWI charge cannot be amended or dismissed unless the court finds, on the record, that it is consistent with the public interest to do so, which it will not do without good reason, usually meaning proof problems for the prosecutor. A skilled defense attorney can help create those problems for the prosecutor.
Your post does not indicate what your test result was, or whether you have already responded to any notice of intent to suspend or revoke that may have been issued, either of which would be subject to a ten-day response deadline unrelated to your initial appearance in court.
You need to schedule a confidential consult with an experienced defense attorney today.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
3 lawyers agree
DUI / DWI Attorney
I agree with the first two answers. I write to point you to some recent answers on another post that my assist you further: http://www.avvo.com/legal-answers/i-got-a-first-owi--if-i-pill-guilty-what-can-i-fac-1016927.html#answer_1832016.