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Is an OWI charge an automatic conviction?

On Behalf of | Feb 22, 2023 | Drunk Driving, DUI, DUI Defense

When the police arrest you for drunk driving, it can feel like you’re already in a lot of trouble. Make no mistake, facing drunk driving charges is serious, but in the United States, you are innocent until proven guilty.

Because of that presumption of innocence, the police will have to prove their case against you, and that is far from a sure thing.

You can challenge the charges

Not all police officers follow strict protocol when arresting drivers on the road. They are human, and humans make mistakes all the time. Just remember that when an officer decides to pull you over, it is because they suspect you are intoxicated; they actually have no proof yet. They could have been arresting you due to personal prejudices, but police are given certain specifications they should adhere to before making an arrest.

Highlighting the arresting officer’s errors in judgment can be a key aspect of your defense strategy.

You can challenge the evidence

An arresting officer may ask you to submit to chemical testing or to a breathalyzer test that will let them measure your blood alcohol content (BAC). These tests are required under the implied consent laws. Failing the chemical or sobriety tests still does not imply an automatic conviction.

Police officers rely on the validity of these tests and without the evidence provided by these tests, they do not have a case. The perfect calibration of the testing equipment and the perfect execution of the test matter so much. If there are any errors at all, this evidence becomes inadmissible. We need to determine the errors during these testing procedures and substantiate that they were not in line with the standards set by the state.

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