Drunk Driving

As a practicing Attorney I have represented hundreds of people charged with drunk driving, operating while impaired, and with a prohibited blood alcohol concentration. I take these cases very seriously and I have spent many hours studying and learning the best tactics to use to win your case. One of the first things to do is a complete investigation that includes going to the location of the stop and inspecting the surroundings.

If you have been arrested for driving while impaired it is very important that you contact me immediately. “The State of Wisconsin, Police, and Department of Transportation want to confuse you, and they want to revoke your operating privilege without a hearing or chance to be heard by a neutral Judge. The Police and Prosecutors assume that you are guilty, and as a result they have everyone believing that there is no sense in trying to fight your case. I still believe that you are innocent until proven guilty. If you have been stopped and charged with drunk driving you were given a large stack of documents. This stack is meant to be overwhelming and confusing. The hope is that you will just ignore the documents and conclude that you have no chance to defend yourself.

One of these documents is entitled "Notice of Intent to Revoke Your Operating Privilege". You should take this document out and immediately be prepared to request an administrative review of your arrest. This hearing can only help you in the future and allow you to keep driving until a Judge or a Jury finds that you were guilty. It is important to force the arresting cop to this hearing and question him on many important issues that will be litigated in Court. At this point you should immediately call me to discuss your case and I will then immediately work to preserve your rights and the evidence. It is common for many people to be reported by cell phone drivers. In this instance it is important to demand to be provided records held by the Police, in order to preserve evidence that could help you win your case.

You should never assume that you can't win your impaired driving case, even if you are given a blood or breath test that suggests you were legally drunk. A common statement that is heard from people is that they don't think they have a chance, but they were told to call me by a friend. What these people find out that others have thought they were going to lose but they ended up winning or avoiding a drunk driving conviction. The first thing Attorney Arena tells them is that there is hope and their case can be worked through.

I have represented many people that were scared, embarrassed, and didn't know what to do. Many people believe they can't win or defend themselves, and for some this is true. T have won cases and know what it takes to win. In my 20 years of representing dui clients, I have developed methods that has resulted in success.

I believe it's important to learn a lot about the person and the entire circumstances revolving the case. Next, I go to work to immediately to preserve evidence that may disappear. This includes videos, receipts, eye witness accounts, and other evidentiary items. After the information is collected the case is reviewed and the legal issues are prepared for argument. I spend thousands of dollars on education programs that allow me to remain knowledgeable in the most recent developments in the law and scientific methods used to test the blood and breath in these cases.

Following is a brief statement of actual facts for real clients. All of these cases resulted in findings of not guilty or a reduction to a lesser offense that resulted in the person keeping their license and avoiding the label of drunk driver.

Below are brief case descriptions from actual cases that were handled by Attorney Arena. The names and identifying information about the client has been removed to protect their privacy. A client's private and confidential information is always protected at Arena Law Offices, L.L.C.

1. A client was driving in a rural County late at night after a Christmas Party. A witness reported that he was passed by this person's vehicle at a very high rate of speed. The client went off the road and hit a large tree, which totaled the vehicle and ejected the driver. The severe injuries required the driver to be flown by flight for life to a Hospital. The driver's blood alcohol was tested at .25. ‘The driver retained me to fight his drunk driving and prohibited alcohol concentration charge. I filed a motion challenging many issues in the case. Due to the strength of the arguments in a legal brief the Prosecutor agreed to reduce the charges to a traffic violation.

2. A client was under the legal drinking age and driving home on 1-39 in Stevens Point, Wisconsin in a large pick up that had a lift kit and big tires. The vehicle was stopped for weaving. The breath was tested at .10 above the legal limit. After litigating a motion to the Court, the case was dismissed.

3. A client bought a new sports car. After tending bar and drinking he drove to his home. At an intersection the driver went through a red light at a high rate of speed right in front of a Police Officer that followed the driver to their garage. The Officer arrested this driver and tested their breath at 15. The case was litigated in Municipal Court and then appealed. On the appeal the Circuit Court dismissed the case after litigating a motion hearing.

4. A client was witnessed leaving a bar. By going to the area and learning the intersection, I knew more about the location and was able to effectively cross examine the Police Officer, who had patrolled in the area and was responsible for 150 convictions for drunk driving. Despite a.21 blood alcohol concentration the Circuit Court dismissed the case,

5. This client was accused of driving his Harley Davidson Motor Cycle over the center line and across the fog line. After investigating the in squad video the case was litigated and the Court dismissed the charges. The blood alcohol concentration was 10.

6. This case was in 2012 and involved my client who left a tavern and was followed by a State Trooper. The Trooper testified that the driver weaved across the center line three times, which caused her to immediately pull the driver over. Subsequent test of his blood determined that he had a .25 blood alcohol concentration, and the driver was charged with a second offense OWI. After investigating the case, and litigation the case was dismissed.

7. In 2011 the client was stopped by a Police Officer after crossing the center line right in front of the Officer, who was traveling the opposite direction. The Officer testified that the driver failed two out of three field sobriety tests. The driver was arrested and a breath sample determined that her blood alcohol concentration was .13. A jury found her not guilty of OWI despite the overwhelming evidence testified to by the arresting Officer.

These are just a sample of some results that have been achieved for clients. I guarantee that I will work as hard as possible on your case and be available to personally answer any of your questions. The drunk driving case requires intensive fact investigation. Therefore, it is very important that you consult with an experienced OWI Attorney in order to preserve and obtain evidence before it disappears. I spend thousands of dollars each year to attend education programs concerning OWI defense. I have also attended programs in trial advocacy in order to learn the best trial techniques available. I seek this training to be the best that I can be at my craft.

Recently the Wisconsin Legislature has changed the rules of evidence regarding expert testimony. Known as the Daubert standard it is now required that an experts opinion be based upon actual tested scientific methods, that have been peer reviewed and accepted in published scientific journals. This has created new defense frontiers in criminal and operating with a prohibited blood alcohol concentration, and operating while impaired cases. | am completely aware of these evidentiary issues, and have been litigating them in several cases. This is all part of being aggressive in your case, and may lead to a successful outcome.

If you have a case that involves an evidentiary test of your breath or blood you should also be aware that there are challenges to these tests that may work for you. Don't let the number of the blood alcohol concentration scare you. The above cases were all clients that had an illegal blood alcohol concentration, but they did not end up with a drunk driving conviction. The Inox EC/IR, and the Head Space Gas Chromatography are the devices and methods used to test the blood and breath. These devices and methods are not perfect, and the result can sometimes be challenged.

These tests are done by machines that can malfunction. These machines are operated by humans that make errors. There are rules and procedures that must be followed by the operators, and may not be properly followed. These issues must be investigated. and the result can be that you win your case. If you have a CDL (Commercial Driver's License) the loss of your career may be at stake. A second conviction results in the loss of the CDL for life. Even a first offense can cause you to lose your job. I have represented several truck drivers and I know how devastating this can be

The one thing that any machine or police officer can't express is knowledge about the whole person. I recently did a jury trial where the breath test at the time of the test and not at the time of the driving established a .13. The breath machine did not have a brain and did not know that my client had a foreign object in her mouth. The Officer didn't look for a foreign object, nor did he observe her for 20 minutes. Attorney Arena proved this because he was able to obtain a video of the entire procedure form the Police Department.

The Breath Machine did not know that the client was with other people that verified the amount that the client actually drank. Based upon the client's demeanor and conduct, and giving the jury the whole picture arguments were presented to the Jury beyond the .13. People on juries are human and will respond to the emotional pleas of the innocent when they are presented with all of the truth. If you retain ALO to represent you in an operating while impaired case, you will have an Attorney committed to the jury system and with the courage to present the entire case. This powerful presentation has resulted in success in the past, and will result in success in the future.