Disclaimer

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice regarding any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Vanden Heuvel & Dineen, S.C. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

  • Dan Skarie

OWI 1st Offense Milwaukee County Circuit Court Dismissed

Updated: Mar 12

This case started with a Milwaukee County Sherriff's Deputy alleging that my client deviated from his lane of travel at approximately 9:00 p.m. while traveling home with a friend from dinner. The deviation was minor, less than a foot, and my client exhibited no other indications of poor driving. Client was stopped, pulled from his car and subjected to standardized field sobriety tests. After his inevitable arrest, client provided an Intoximeter EC/IR II sample with a reported result of .11 g/210L of breath, which is over the legal limit of .08.


When the client retained, I immediately knew this would be a trial case. The Milwaukee County District Attorney's office does not amend OWI offenses unless in the most unusual of circumstances. Here, other than my client's excellent performance on the standardized field sobriety tests, nothing was out of the ordinary. In every case that is trial worthy, in my opinion, it is important to file pretrial motions challenging the State's case. This serves a dual purpose: 1) you might have your motion granted and the case dismissed. You can't win before trial if you don't file the motion. 2) it creates a valuable transcript for purposes of impeachment if the case ultimately proceeds to trial.


In this case, I filed a motion asserting that the deputy did not have the appropriate level of probable cause to arrest my client. After a hearing lasting nearly two hours, the Judge agreed with the motion, suppressed the evidence and on the motion of the defense dismissed the case.


The moral of the story is OWI cases are not bulletproof. If you're charged with drunk driving contact me today and we can discuss potential defenses to your case.