OWI Defense Strategies

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You Need a Proven OWI Attorney With a Proven Strategy in Madison, WI

Defending against an OWI charge is not a do-it-yourself project; even some attorneys have difficulty navigating the intricacies of the criminal and administrative processes at the heart of OWI defense.

At Nicholson Goetz & Otis, S.C., our dedicated criminal defense attorneys have the skills, experience, and resources necessary to mount the aggressive defense you deserve. We will explore all the facts and relevant laws in your case, including the constitutional protections you have against intrusive law enforcement procedures.

Continue reading for examples of the OWI defense strategies that may apply to your lawsuit.

Challenging the Traffic Stop

Did the officer have probable cause to pull you over? Without probable cause, evidence obtained through roadside sobriety tests, breath tests, and a search of your vehicle may be inadmissible in court and result in the dismissal of OWI charges.
Both aggravated and substantial battery charges are felonies. Generally speaking, if the alleged victim in a case receives injuries constituting any of the following, they will be charged with a felony:
  • A broken bone
  • A laceration requiring stitches
  • Loss of consciousness and/or hearing
  • Internal injuries
Aggravated battery can bring penalties of 10-15 years in prison, and $10,000 to $50,000 in fines depending on the circumstances surrounding the incident. Substantial battery carries punishments of 3 1/2 years’ imprisonment and up to $10,000 in fines.
Wisconsin does offer the affirmative defense of self-defense in both aggravated and substantial battery cases. This defense requires the defendant to show that he reasonably believed that his safety was at risk, and that he used the minimal amount of force necessary to prevent harm to himself or another person. The latter portion of the self-defense law is commonly referred to as “defense of others.”
An experienced aggravated and substantial battery attorney can provide the defense strategies as well as the skilled legal representation you need in order to navigate the criminal justice system.

Challenging the Evidence

Was the breath testing machine adequately calibrated before your breath test? Were you read your Miranda rights? We will thoroughly examine the prosecution’s evidence and ensure proper police procedure was followed before, during, and after your traffic stop.

Challenging the Circumstantial Evidence

Did the officers fabricate facts or get creative in filling in the details of what happened at the scene of your traffic stop? Does the prosecution’s case rely on subjective observations from officers unsubstantiated by dashboard or body camera footage?

Get the Strong Defense You Need Against OWI Charges in Wisconsin

Every OWI case is different, but one thing remains the same: you need a strong defense against these negative charges. 

Call us at 608-420-4781 or contact us online for a free initial consultation.