5 Key Defenses Your OWI Lawyer in Hudson, WI, Can Use

Facing an OWI charge in Wisconsin can feel overwhelming—especially if you believe a failed breathalyzer test seals your fate. This misconception causes many to plead guilty without exploring their legal options. However, breathalyzer results are not infallible, and Wisconsin law provides multiple avenues for defense. An experienced OWI lawyer that residents trust knows that every case contains potential weaknesses the prosecution may overlook. By challenging evidence, procedure, and legality, a skilled attorney can achieve charge reductions or even full dismissals. If you’ve been arrested for operating while intoxicated in Hudson, you need a defense grounded in law—not assumption.

These are 5 key defenses your OWI lawyer can use for your case:

1. Challenging the Legality of the Traffic Stop 

Every OWI case begins with a traffic stop—and not all stops are lawful. Under the Fourth Amendment of the U.S. Constitution, police must have reasonable suspicion to initiate a stop. This means more than a “gut feeling”; they must articulate specific, observable facts suggesting a traffic violation or criminal activity. Common pretexts include minor infractions like an expired registration or a broken tail light—but even these must be legitimate.

If the officer lacked reasonable suspicion, the stop is deemed unconstitutional. Any evidence obtained afterward—including field sobriety tests, breathalyzer results, or even admissions—may be excluded under the “fruit of the poisonous tree” doctrine. An OWI lawyer in Hudson, WI, will request dashcam footage, review the officer’s written report, and examine whether the stop complied with legal standards. In many cases, suppression of key evidence leads to dismissal. This defense doesn’t require proving innocence—it only requires proving the state overstepped its authority.

2. Questioning Breathalyzer Accuracy and Calibration

Breathalyzer devices are scientific instruments, but they are far from perfect. In Wisconsin, the Intoximeter EC/IR II is the primary device used, and it must be maintained according to strict Department of Transportation protocols. Calibration logs must be current, and officers must be certified to operate the machine. Even minor deviations—such as improper mouthpiece use or failure to observe the subject for 20 minutes before testing—can invalidate results.

Moreover, physiological factors like acid reflux, diabetes, or recent use of mouthwash can produce falsely high readings. An OWI lawyer will subpoena maintenance records, operator credentials, and the device’s error history. If the state cannot prove the breathalyzer was functioning within acceptable tolerances, the reading loses evidentiary weight. This technical defense often forces prosecutors to reconsider the strength of their case—or abandon it altogether.

3. Analyzing Field Sobriety Test Administration

Field sobriety tests (FSTs) are notoriously subjective. The three standardized tests—the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand—are only admissible if administered precisely as trained by the National Highway Traffic Safety Administration (NHTSA). Officers frequently deviate from protocol: giving unclear instructions, failing to demonstrate tasks, or conducting tests on uneven or sloped surfaces.

An OWI lawyer in Hudson, WI, will obtain body-worn camera footage to assess whether the officer followed proper procedure. Even minor errors can render the tests inadmissible. Additionally, health conditions like vertigo, obesity, or neurological disorders can impair performance unrelated to intoxication. Challenging the validity of FSTs undermines the prosecution’s narrative of impairment and creates reasonable doubt.

4. Investigating Rising Blood Alcohol Concentration (BAC)

Alcohol absorption is not instantaneous. After consumption, BAC rises over time—typically peaking 30 to 90 minutes later. If you were stopped shortly after finishing a drink, your BAC while driving may have been under the legal limit of 0.08%, even if it registered higher at the police station. This is known as the “rising BAC” defense.

Reconstructing your timeline—when you drank, what you consumed, when you left the establishment, and when the test occurred—is critical. A drunk driving lawyer may consult forensic toxicologists to model your likely BAC curve. This scientific approach can demonstrate that you were not legally impaired at the time of operation, even if you tested over the limit later. Wisconsin courts recognize this defense from experienced OWI lawyers, and it has led to acquittals in numerous cases.

5. Preparing Every Case for Trial

Many attorneys treat OWI cases as administrative matters, encouraging quick guilty pleas to avoid court. But a trial-ready OWI lawyer in Hudson, WI, understands that prosecutors respect cases built for litigation. From the outset, such attorneys preserve evidence, file motions to suppress, and interview witnesses. They don’t wait for the state to dictate terms—they force the state to prove every element beyond a reasonable doubt.

This proactive stance often yields better outcomes: reduced charges (e.g., to reckless driving), alternative sentencing, or full dismissal. Even if a case doesn’t go to trial, the preparation itself strengthens negotiation leverage.

Your Defense Begins With the Right Representation

A breathalyzer result is just one piece of evidence—and often a flawed one. The real strength of your defense lies in procedural scrutiny, scientific critique, and constitutional protections. Whether it’s challenging an unlawful stop, exposing breathalyzer errors, or leveraging the rising BAC theory, an OWI lawyer can uncover paths to a favorable resolution that you may not see on your own.

Don’t accept guilt based on a machine’s output or an officer’s assumption. You deserve a defense that examines every detail, questions every assumption, and fights for your future. If you’re facing OWI charges in Hudson, WI, contact Cohen Law Offices. Our OWI lawyer team provides aggressive, knowledgeable representation tailored to your case—and committed to the best possible outcome.