Drunk driving is one of the most deadly mistakes while driving. There are two drunk driving charges: driving while impaired and driving with an alcohol content of 0.08 or higher within 2 hours of driving. WI drunk driving law is strictly imposed on people as it is life threatening.
Drunk driving has a wide range of punishments. The least of which may be a fine and some light probation while the heaviest and in the worst case includes jail time and possibly life if charged with a driving under the influence-related offense such as vehicular manslaughter.
If you are charged with drunk driving, it is recommended that you contact a lawyer as soon as possible. A lawyer can help limit the consequences or eliminate the drunk driving charges. Good representation can prevent possible jail time, painful legal record and save your valuable time and money.
In a drunk driving case, the state's prosecutor has to prove several things beyond reasonable doubt. First of all, he or she will be required to provide some sort of identification or circumstantial evidence; usually, a police officer's testimony or a civilian's testimony that was at the scene to the alleged crime will suffice.
The prosecutor will also have to prove beyond a reasonable doubt that you had operated a motor vehicle. Proving this may not be a difficult task for the prosecutor. However, a trained experienced attorney can exploit this area to your advantage.
Another thing the prosecutor has to prove beyond reasonable doubt is that you were driving your vehicle is a public place where other people usually drive their cars.
Last but not least, the prosecutor has to prove that your ability to drive was impaired or that your blood alcohol content was above a 0.08. The blood alcohol content will be proven by a blood test or more commonly a Breathalyzer test.
Factors to Consider if Driving is Impaired
Proving whether your ability to drive the vehicle was impaired will require that several factors be taken into account. These factors include:
Observations of driving behavior- were you driving properly?
How did you look? Were you able to stand properly, was your speech slurred? Ability to stand, how did your eyes look like? Ability to comprehend instructions?
Whether sobriety tests were carried out which is mostly the nine step walk and turn or the one-legged stand
If the amount of liquor a driver takes is over the legal limit, it is a foregone conclusion that he will be taken to court eventually. If the accident was minimal and there is no injury or loss of life or damage to property, then the lawyer will try to persuade the court to let the driver off if he attends some counseling courses.
Drunk driving charges can be completely different. Therefore, it is not a good idea for drivers to compare drunk driving cases as a judge dealing with a certain case may have been sympathetic to a certain person but may not feel the same about your case.