I was arrested for an owi in wisconsin but my blood alcohol level came back under the legal limit of .08. I have a court date and am trying to decide if I should plead not guilty or no contest.
2006-09-02 19:25:24 · 9 answers · asked by dvnprt 1 in Politics & Government ➔ Law & Ethics
Big mistake submitting to a field sobriety test. NEVER DO THAT. If a police officer asks you to take the test, REFUSE. They have already made up their mind that they are going to arrest you no matter how well you perform the test--the only reason they administer it is to gather additional evidence against you. Had you refused the field sobriety test and blew under the legal limit, they would have nothing, NOTHING to charge you with. Since you provided them additional evidence to use against you, now they can get you.
2006-09-03 10:34:36 · answer #1 · answered by surfinthedesert 5 · 0⤊ 2⤋
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2016-06-03 20:47:17 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Two different aspects to the charge.
Operating While Intoxicated (or Driving While Intoxicated) means what it says, operating while your mental and physical capacities were limited or impaired because of an intoxicating substance.
If someone has a blood-alcohol level over the legal limit, there is the presumption (often conclusive) that they are intoxicated. Case over.
If the blood-alcohol level is not over the legal limit, that doesn't mean the person wasn't intoxicated. It just means that the prosecution must prove they were intoxicated.
A plea of "no contest" means that you are not requiring the prosecutor to prove anything, or that you are not challenging any of the proof offered.
The above is general legal theory. Telling you what you should do is giving legal advice, and that would be unauthorized practice of law for anyone who is not an attorney licensed in your state.
2006-09-02 19:30:25 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
If the legal limit is .08 and you tested .08, that's all the state needs to prove DWI.
If you test below the legal limit, the state may still proceed with the case if they feel that your actions or behavior were such that they can prove you were under the influence even though your BAC was below the presumptive limit.
Best advice to anyone in that situation would be to hire an attorney. That might sound expensive, but you stand a much better chance in front of the judge with an attorney than without one.
2006-09-02 19:46:25 · answer #4 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Wisconsin has a gray area, I believe from either .04 or .05, to .08, in which they do a field test. If the officer believes you didn't perform well on the field test, it's up to their discretion to charge you if they want. At least that's the way they did it years ago. I'm not sure if things have changed since... 1990? Yep, 1990 was the last time they tried that with me, and I passed the test, so he let me go.
Hire a lawyer. You need one. Or, if you can't afford one, let them appoint one for you.
2006-09-03 09:33:04 · answer #5 · answered by 42ITUS™ 7 · 0⤊ 0⤋
Maybe not a DWI-driving while intoxicated, but possibly a DUI-driviing under the influence. Check with the laws of your state and good luck. Here is a good site: http://wsll.state.wi.us/topic/justice/crimlaw/drunk.html
And, not to get preachy...and you probably know this already but you really shouldn't do that. I had a friend ( a normal, nice person--wouldn't hurt a fly), who got in a car wreck while drunk and killed her two best friends...she is now in jail for a long time. So senseless and so not worth it. Not trying to be judgemental or anything, b/c everyone has done it before, but it is just not worth it.
2006-09-02 19:31:24 · answer #6 · answered by ♥austingirl♥ 6 · 0⤊ 0⤋
not purely the mattress, the closet too. ;-; If I dropped considered one of my filled animals off of the mattress whilst i grew to become into attempting to sleep, and the room grew to become into darkish, i might enable it stay there using fact i presumed some thing might grab my arm from below the mattress as i attempted to p.c.. it up. :3 i don't believe that stuff anymore although. I nonetheless get spooked via the closet if I watch an extremely frightening horror action picture although. >->
2016-10-01 06:06:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋
you were driving while under the influence while you are underaged. call an attorney for advice as whatever you say in that room can be used to bring charges against you for being under age and drinking.
2006-09-02 19:36:18 · answer #8 · answered by Anonymous · 0⤊ 0⤋
yep...... that .08 goes down to a lower number (depending on state ,01-,04 ),, equals while under the influence,,, the higher being while intoxicated.
2006-09-02 19:34:46 · answer #9 · answered by steelmadison 4 · 0⤊ 0⤋