DWI/OWI - should I retain an attorney?
In Feb 2009 I received my 1st traffic offense - ever - OWI. It was in the morning, I had been awake less than 1hr, and was driving into town from my house (about 10-15mi). I started to feel ill - nauseaus/dizzy - and attributed it to either my minnears syndrome - which can sometimes cause vertigo spells - or low blood sugar, as I had been drinking the night before, and did not eat. I pulled into a fast food restaurant ordered food through the drive through window(meanwhile feeling worse and worse), ordered food, and parked the car. The engine was off, and keys out of ignition when an officer tapped on my window and proceeded questioning. I had a BAC over the legal limit and was sited and detained for OWI. In WI your 1st OWI offense is not considered criminal, however, I feel the the police greatly embellished their report, and I had no intention of driving until I felt better (hence the PARKING) - might it be beneficial to retain an attorney to fight this? What might be my best course of action?
1 Answer from Attorneys
DWI/OWI 1st in Parked Car Which Was Turned Off - Should I retain an attorney?
DWI/OWI 1st in Parked Car Which Was Turned Off - Should I retain an attorney?
Everyone who is charged with DWI/OWI should obtain legal advice, since public online records of such convictions follow one for life in today's society and can continue to adversely effect one's insurance and employability for decades. If there is a legal defense, such as not "operating" the vehicle as that term is legally defined, you should be found "not guilty" and all charges dismissed. Lawyers may spot legal defenses which are not obvious to untrained persons following a thorough investigation of your case. Under recent WI case law, simply being in a car with no keys in the ignition is not "operating" in the legal sense of the word, you should therefore win. This assumes, however, that there is no other evidence available to the government that you previously drove under the influence in order to get the vehicle to that location. My comments in this online forum are not intended as legal advice for anyone asking a question here unless that person subsequently retains me. Instead, all participants in this forum must obtain and consult with their own attorney prior to acting upon my postings.
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