Readers in the Milwaukee area may know that Wisconsin has specific laws pertaining to drunken driving with a child in the vehicle. A conviction on such a charge can potentially result in jail time and significant fines. However, just because a person consumes an alcoholic beverage and then drives a vehicle does not mean that person is necessarily drunk, and in such a case, it is highly important that the rights of the accused are maintained through a strong criminal defense.
One Oak Creek man will need such a defense after recently being charged in Milwaukee County Circuit Court with one count of third-offense OWI with a child in the vehicle and one count of driving with a prohibited alcohol concentration. In the police report, a sheriff's deputy claims to have seen the 54-year-old's vehicle swerving on the roadway. After being pulled over, the man apparently indicated that he had consumed a few glasses of wine earlier in the day. A number of field sobriety tests were administered at the scene, including a blood-alcohol test, and police claim the defendant failed them.
As is typical, the police report is written in such a way as to suggest guilt. According to police, the defendant's blood-alcohol test returned a reading of .124 percent. Wisconsin residents probably know that .08 percent is the legal limit for blood-alcohol level while driving, but it is important to also remember that such tests are not as accurate as police officers would like us to believe. Additionally, it isn't clear what other sort of tests were administered to determine if the man was intoxicated. Sometimes a person's physical condition, as well as the terrain where a field sobriety test is conducted, can cause a person to fail the test.
In any case, the Oak Creek man here will need a vigorous criminal defense to combat the allegations against him. If convicted, he could be sentenced to up to two years in prison and $4,000 in fines. However, a strong and mitigating defense could result in a dismissal or significant reduction of charges. Other Wisconsin residents who have been accused of similar crimes will likely want to consult with an experienced DUI defense attorney who can help ensure that all of the rights of the accused are upheld in court.
Source: Oak Creek Patch, "Oak Creek Man Allegedly Drove Drunk With Child in Van," Joe Petrie, Jan. 29, 2012