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. I
have won cases and know what it takes to win. In my 20 years
of representing dwi 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 I-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. I 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 Intox 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.