QUESTION
If I was charge by OWI because I fell asleep while driving, is there any chance to plea to a lesser BAC and no need to install ignition interlock?
Asked on Jan 05th, 2017 on DUI/DWI - Wisconsin
More details to this question:
I fell asleep at wheel at 7:30 pm, my truck left highway and struck power pole. I had been drinking. I was never asked to do a Field sobriety test, was asked to take breathalyzer, I refused, was asked to submit to having blood test, I agreed blood test results were .17 , the test was administered 2 hours after accident. I told officer I fell asleep and I had been drinking. Police report says I refused Sobriety test which I did not but doesn't say anything about me falling asleep. I have clean driving record and last ticket was speeding in 2008. I am pretty confident the alcohol assessment will show I do not have a drinking problem. I rarely drink at all.
1 ANSWER
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Is there a chance? Perhaps. It depends on the prosecutor and the county in which the charge is lodged. If you are using a commercial license, expect very little sympathy. The two hour gap between accident and blood test is not significant. It would have to be three hours, and even then a court would not likely suppress the evidence, but merely allow your lawyer to argue to the jury that it is untrustworthy.
Answered on Mar 07th, 2017 at 4:58 AM