Refused a Blood Test During an OWI in Wisconsin?
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Waukesha criminal defense attorney Tom Grieve takes all OWI cases seriously, from drunk driving to drug possession in Waukesha or anywhere else in Wisconsin. The drunk driving charges Wisconsin residents receive have been dropped or significantly reduced with the solid defense built by our lawyers.
In Wisconsin and 39 other states, the law regarding DUIs was the same. Police could force a chemical (blood) test for alcohol or drugs during traffic stop if they had probable cause to believe someone was operating while intoxicated. This meant if someone refused a breathalyzer or refused blood test, the police could literally force the person to comply. If this included several officers pinning the individual down in a hospital and using brute force, they would do it. Because of laws like this, Waukesha criminal defense attorneys have forever been fighting for the rights of our clients.
Fortunately, this all changed with the 2013 United States Supreme Court decision in Missouri vs. McNeely. In this case, the US Supreme Court ruled that officers could no longer obtain a chemical test without either the consent of the driver or a warrant.
Waukesha DUI Attorney will continue to Successfully Fight DUI Charges in Wisconsin
Though the law has changed, our legal strategy has not. We continue to provide the best DUI defense residents of the greater Milwaukee area have come to rely on to have charges dropped or reduced.
As laws change, even in the people’s favor, they become much more complicated. Since each county makes its own decisions on how to interpret and enforce a new law, the impact may be felt differently across the state. Within the criminal justice system, there will be some significant changes as both law enforcement and the courts strive to cope with the implications of the McNeely decision. Early indications suggest the police will obtain telephonic warrants as the needs arise under Wisconsin Statute 968.12. To do so, law enforcement will be required to make a recorded phone call to a judge and, under oath, explain facts which amount to probable cause for the blood draw. If the judge agrees probable cause exists, they will orally grant a warrant and the blood draw will proceed.
This new law will be an inconvenience for police and a nightmare for judges who are now liable to be woken up or disturbed 24/7, especially in less populated counties where the judiciary is much smaller. Unfortunately, the broader impact cannot be immediately analyzed. There will be many legal battles to sort out boundaries and procedures. If you are facing OWI or DUI charges in Wisconsin, call Grieve Law for a winning defense.