Many people go out, enjoy a cocktail, and drive home without incident. It’s when people drink too much, or when police believe they’re driving suspiciously, that trouble starts to brew. Before we even delve into the possible defenses for DUI, let’s make it clear that you need to call a Milwaukee drunk driving attorney as soon as possible whether you’re innocent or guilty.
Who Has to Prove What in a DUI Case?
The state is responsible for proving beyond a reasonable doubt that you were driving while drunk. Because they’re the ones accusing you of the crime, the burden of proof is on them – it’s not on you to prove that you’re innocent. Fortunately, our court system sees the accused as innocent until proven guilty.
That said, it’s always a good idea to have a strong defense against DUI charges.
DUI Defenses in Milwaukee
When you talk to your Milwaukee DUI lawyer, he or she is going to ask you several questions about the event. Where were you pulled over? How much did you drink? How far did you have to go? What did police say and why did they stop you?
Each of these questions has a purpose, so provide as much detail as you can. Your attorney is trying to make sure that you were treated fairly and according to the letter of the law. At the same time, he or she is starting to strategize and determine how to build the most solid defense.
Your DUI lawyer will examine whether:
- Police had a probable cause to arrest you
- Police violated your rights
- Police obtained evidence legally or illegally
- There are witnesses who can show that the arresting officer was wrong
- You have physical impairments that would cause you to perform poorly on a field sobriety test
- You were ill and can explain your behavior due to a medical condition
All of these things can contribute to your defense in court, and if you think of anything else that might help, make sure you share it with your Milwaukee DUI attorney.
*And just for the record, most people can’t recite the alphabet backward while walking toe-to-toe in the middle of the night… in case you were wondering.