I am a college student who was arrested for a 4th offense OWI( within 5 yrs) making my case a felony. The police obtained a blood sample and subsequently sent it off for further analysis at the Crime Lab. They found out already that there was no alcohol in my system at the time of the arrest. The Crime Lab already has indicated that this is true. Does having illegal substances in your blood make the charges any different (looked upon less severely than alcohol) ? But the prosecutor says he is waiting to get the blood work back. I have been to court a few times already but the prosecutor filed to dismiss the case without prejudice. Am I suppose to think that the case is settled? Do I need to pursue other avenues of 'suppressing' the blood sample?
Restricted controlled substance violation cases can be harder to defend, and are treated just as harshly as cases where...
I know someone who is charged with a 5th OWI but the first 2 convictions are from 1989 and 1991. The fourth OWI charge is from another state that dropped the ball on finishing an OWI conviction back from 2005. It appears district attorney is making this a 5th OWI to convict as a felony.
The ten year look back only applies to second offense OWI offenses.
For example, if a person had been convicted of...
Had 2 glasses of wine then switched to water/soda about 1–1.5 hrs before driving, no drugs whatsoever. At intersection, light turned green, I made a left turn onto a 2-way street, a legal turn almost anywhere else, but evidently not from that street in downtown Milw. Was stopped, told of illegal turn, asked if I'd been drinking, said not recently, then told to step out. Walked straight out/back, no wobble, stood on 1 foot for over 25 sec. easily. Blew into small breathalyzer, officer said I tested close to .08 . Was handcuffed, taken to station, tested 3 times with more sophisticated machine. Outcome was .05, was told DWI charge would be dropped but OUI would stay. Was held for book & release, computers went down. Sat 20 hrs in booking area, 2 sandwiches no sleep, released after 25 hrs.
If your question is "Can I be convicted," the answer is "yes." The State's case is obviously much more difficult when...
he was charged with open container in vehicle, owi got a warning for running red light and is now facing refususal. he did road side test blew road side. when he was taken to station they said to him if he blew under .08 they would let him go, he blew, officer said not quite...then asked to take blood. he refused. this is his first offense and has no priors. does he have a good case?
Any case either solid or weak hinges on experience of the attorney working that case, legal strategy and attentive...
