Police charging me for Dui. Said I "smelled like alcohol. Nor sobriety or BAC offered? Can they do this and win?

Asked 9/12/2009 under DUI / DWI | 246 View(s) | More Legal Topics

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DUI / DWI Law Answers

Although I do not practice law in the State of Wisconsin, here are my initial impressions.  In any criminal matter, the state must prove their case "beyond a reasonable doubt", therefore, if the state is relying solely upon the officer's sense of smell, then the state's evidence may be very weak and you may have a defensible case.  Moreover, if you were never offered a breathalizer, blood, or urine test, you may have other grounds to defend this charge.  I suggest that you hire an attorney to discuss these defenses in greater detail.  Good luck.

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