OWI
Defenses
First-Time OWI
Second OWI Offense
Multiple OWI

Appleton OWI Defenses

How I Can Help if You Have Been Accused of Drunk Driving

Intrepid Law Office, LLC focuses solely on protecting citizens’ Fourth and Fifth Amendment rights. Through our experience, we have developed innovative strategies that have proven to be successful. Two defensive strategies used in the past in OWI cases are “Collateral Attack” and “The Curve Defense.”

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Collateral Attack

In Wisconsin, you can collaterally attack your past offenses. It is based on your Fifth Amendment “right to counsel.” Collateral attacks of past offenses means that if when any of your prior OWI offenses occurred you were not represented by an attorney and you did not sign a knowing waiver to your right to an attorney, then that offense may be thrown out and not used against you.

The sentencing court is also required to make a finding that you were competent to not only waive your right to counsel, but also to proceed without counsel.

Even if you did sign a waiver, it is only valid if the record from the prior offense reflects your deliberate choice to proceed without counsel as well as your awareness of the difficulties and disadvantages of self-representation, the seriousness of the charge(s) you were facing, and the general range of possible penalties that may be imposed if you were found guilty.

Unless the record reveals your deliberate choice and awareness of these facts, a knowing and voluntary waiver cannot be found and therefore the past offense must be dropped and not used against you. So, if you are charged with your fourth OWI but we were successful in this defense, then it will be dropped to a third OWI.

The Curve Defense

The law states that you cannot be over the legal limit at the time of driving. Alcohol is absorbed in the body over time. The absorption of alcohol over time can be depicted as a bell-shaped curve on an X/Y axis. BAC starts out at 0.0. As one drinks, it generally increases, peaks, and then falls back to 0.0.

In Wisconsin, a person is only guilty of OWI/PAC if at the time of driving, they were impaired and/or above .08 BAC.

In a “curve defense” case, we argue that the client’s BAC was under .08 BAC (or .02 for fourth or greater offenses) at the time of driving, and then rose above .08 BAC at the time of the test.

This means that we are arguing that during the field sobriety tests, arrest, or during transportation to the hospital, the body absorbed more alcohol, causing our client’s BAC level to be higher than it actually was when they were driving.

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    I Do Things Differently

    What Sets Intrepid Law Office, LLC Apart?

    • We Are Up-Front & Ethical About Our Fees
    • We Return Your Calls Promptly, Speak Plainly, & Report Regularly on Your Case
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    • 100% of Our Cases Are OWI – That’s All We Do

    Meet Attorney Vanessa Tucker

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    I Have Represented Hundreds of Clients

    See What Our Clients Are Saying About Intrepid Law Office, LLC

    She made me feel I had someone in my corner who had my back.
        

    Very happy with choosing to go with Vanessa in my case, she helped me understand so many things that I had no idea about beforehand which helped me see the big picture and allow me to review all of my possible options and what to do in each scenario. When you are in the position I was in, understanding things takes a lot of un-needed pressure and worrying away. Vanessa was always professional but also had a human touch to her instead of just looking at me as another client. This meant a lot to me and made me feel I had someone in my corner who had my back. Thank you Vanessa for everything!
    Avvo Reviewer
    Vanessa couldn't have done a better job. She made my situation from bad, to great.
        
    Vanessa couldn't have done a better job. She made my situation from bad, to great. Thanks to her, I am able to keep my past in the past and she couldn't have made it any easier. She couldn't have done a better job.
    K.W.
    Attorney Vanessa Tucker got my OWI case dropped!
        
    Attorney Vanessa Tucker got my OWI case dropped! She was knowledgeable about the law and saw that the police officer violated my Constitutional Rights. She fought for me in court and we won! Case dismissed! I definitely recommend Attorney Vanessa Tucker to anyone with an OWI!
    T.P.
    She was professional, affordable, knowledgeable, and really cared about my case.
        
    Attorney Vanessa Tucker was a great defense attorney. She was professional, affordable, knowledgeable, and really cared about my case. She was able to get me out of the Ignition Interlock Device and other harsh penalties that I was facing! She made it easy by walking me through the entire court process!
    W.T.
    In my humble opinion, Attorney Vanessa Tucker did the best that I could ever hope for.
        
    Attorney Vanessa Tucker was very professional, to the point, and realistic about my case. In my humble opinion, Attorney Vanessa Tucker did the best that I could ever hope for. I would highly recommend her if you find yourself in the unfortunate OWI situation.
    M.V.
    She exceeded my expectations.
        
    Vanessa Tucker at Intrepid Law Partners exceeded my expectations. Vanessa is a hard-working attorney who is diligent on the details and to the point. I highly recommend Vanessa's services.
    M.D.
    Five Star Services! I would definitely recommend her.
        
    Attorney Vanessa Tucker was very professional and walked me through every step of the process and took care of every detail for me. Five Star Services! I would definitely recommend her.
    A.S.
    She literally saved me THOUSANDS by hiring her.
        
    I was arrested for an OWI up in Green Bay. I was sleeping in my vehicle. I made the decision to hire Vanessa about 6 days before my initial court appearance. By far the best decision that I could have done. She was able to get the OWI changed to a disorderly since I wasn't driving and prosecution was not willing to completely let it go. SO MUCH BETTER THAN AN OWI even if it sounds like it isn't. Words cannot describe how amazing the call from Vanessa was to tell me the plea agreement. Thank you so much, best money I spent all year to keep my driving record clean, avoid aoda classes and in iid in my car. She literally saved me THOUSANDS by hiring her. Thank you! I will ALWAYS refer you to people who got an OWI!
    Anna A.
    She was worth every penny. I don't think I could have had a better attorney!
        
    I can't say enough about how satisfied I was with Ms. Tucker. Her bio presented on this site is absolutely correct. She was very organized, focused, prompt, very attentive to my problem, and personable. Her guidance through the legal process was invaluable to me! She was worth every penny of her fee. In my case, we ended up in court. Ms. Tucker was very organized, concise, and great with her defense. I don't think I could have had a better attorney! Thank you Ms. Tucker!
    Brian T.