Officers suspected me of driving because the car was under my name. I told the officer I was concerned of the vehicle and that I wasn't driving. I was then ask for a chemical test when I refused they arrested me.
You need to retain and or consult with a criminal defense attorney immediately. Many, like myself, offer free consultations. One thing you do not want to do is post any other specific information about your case on this website, or on any other site. There are many questions that an attorney needs to ask, and it simply cannot be done in this forum. I have an office in San Marcos, andwould be happy to discuss it with you.
It's up to the finder of fact at trial (judge or jury) to decide whether you are guilty. The State has to prove at trial that you were operating the motor vehicle. The fact finder may or may not find their circumstantial evidence convincing. You need to hire an attorney experienced with handling DWI cases immediately.
Can you be convicted? Yes. Will you? it depends. You need a lawyer, now. Refusing the test puts your license at risk even if you win your case. There are strict time limits on this.
Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.
That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.
Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!
After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.
You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.
That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.
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I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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