Legal Question in DUI Law in Wisconsin

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Hi,a relitive of mine was drive the other night and was pulled over by a cop. We live on a country road so sometimes it's hard to see. I may have swearved a little over the line which may have been the reason he pulled her over. She asked to see the tape and he said he didn't have it. He then accused her of being drunk. She had one Mikes hard lemonade at 12 am but she get pulled over until 2:45 a.m. We calculated it and her BAC wouldn't have been close to being illegal at that time. He didn't breathalize her instead took her into a hospital to get a blood test and kept her in a jail cell. We have to wait 2 weeks now before the tests come backand we were wondering if they come back not being over or close to the limit if everything should be dropped? The cop was a real ass and targets people. We also wanted to know how they can give her a ticket for a dui when they have no proof yet that she was over the limit? It's very nerve racking and fusterating because everyone knows cops hate being proved wrong that some how they will find a way to charge her anyways even if she did nothing wrong.


Asked on 10/01/07, 10:44 am

1 Answer from Attorneys
JAY Nixon nixon law offices

Drunk Driving Charges--Waiting for Test Results--Administrative Suspension--Only Ten Days Allowed to Object

Odds are that after two weeks, the test results are already in the possession of the authorities. A result below the limit does not automatically mean that any charges will be dismissed--prosecutors frequently pursue drivers who are below the limit based upon other evidence of impairment, as well as for various minor companion charges which usually accompany a drunk driving charge such as driving left of center. Additionally, prosecution can proceed based upon the presence of any measurable quantity of controlled substances, including certain prescription medications. Any experienced OWI/Criminal attorney will know how to get these records for you. You should not delay in retaining counsel, since you only have ten days after the test result during which to request that your license not be taken away via "administrative suspension." Most public records are available to anyone who makes a proper request under the WI open records law.

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Answered on 10/04/07, 2:20 pm


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