Police do not have an unlimited right to use testing procedures on suspected drunk drivers. There are constitutional protections against invalid or unlawful tests. However, the U.S. Supreme Court issued a surprise ruling in June that allowed Sheboygan, Wisconsin police to administer a blood test to a driver while he was unconscious.
A drunk driving arrest can have life-altering consequences. Drunk driving defense attorneys may be necessary to combat charges and lessen serious penalties.
Blood testing is an important tool for police in drunk driving cases. Motorists have certain rights when confronted with testing. But, in a Wisconsin DUI case, the U.S. Supreme Court is trying to determine whether police must seek a warrant to draw blood from an unconscious driver.
It is commonly believed that an expunged criminal conviction is erased and cannot be used against a person. However, an expunged drunk driving conviction may live to survive another day in Wisconsin. The state supreme court ruled last month that expunged convictions for drunk driving charges may be considered for later OWI convictions.
Wisconsin's implied consent law allows police to draw a suspected drunk driver's blood if they are unconscious. The state supreme court may review the legality of this law, which could be before the court in a third consecutive session.
Knowing that he was facing a huge challenge, Kirk took on a case with not just one, but two chemical test results far above the legal limit. A breath test showed an alcohol concentration of .27, and a blood test showed an alcohol concentration of .28. In spite of the two very high tests, Kirk successfully attacked the results and a jury found his client Not Guilty of both Operating a Motor Vehicle while Intoxicated, and Operating with a Prohibited Alcohol Concentration.
In a Northern County in Wisconsin, our client was arrested after allegedly striking a pedestrian on the side of a rural road. Our forensic analysis of the evidence and months of investigation revealed that it was impossible that our client was the cause of the death. Our own accident reconstruction, along with blood evidence gathered at the scene and later tested, were used to convince the prosecutor that our client was innocent. Originally facing decades in prison, and intially with a public defender, the client almost entered a plea with an agreement for a long prison term before the Obear team got on the case. Nearly a year later, she was a free woman and had no criminal conviction. Another innocent person whose life was protected by Kirk Obear & Associates.
On the last day possible to request a refusal hearing, a client called Kirk advising him that he didn't know what to do or how to respond to the notice. Kirk quickly sprang into action and made sure that the refusal hearing request was filed at the last minute. This was a Northern County in Wisconsin, unaccustomed to aggressive defense, and the judge thought he could throw Kirk for a loop by scheduling a refusal hearing three days from the filing date. Kirk immediately obtained critical evidence and proceeded with litigating the hearing. At the end of the day, the judge agreed with Kirk that the arresting officer did not have probable cause and dismissed the refusal allegation. Kirk then filed a motion requesting that all evidence in the OWI case be dismissed.
State v. RC