If you are facing an OWI charge in Wisconsin, you are probably wondering what you can do to get your charge dismissed. Maybe you made a mistake, or maybe you didn’t, but regardless you want to know what you can do to get out of going to court and move on with your life.

So, how do you get an OWI dismissed in Wisconsin?

We need to start with a point of clarification: While it is possible to get an OWI charge dismissed before trial in some cases, there are no guarantees. Regardless of the facts of your case, a conviction is a very real possibility. It is up to you to fight your OWI charge; and, to learn about the options you have available in your case, you will need to speak with an experienced Madison OWI lawyer as soon as possible.

3 Options for Getting an OWI Dismissed in Wisconsin

While the options you have available depend on the unique circumstances of your case, there are generally three options for seeking dismissal of an OWI charge in Wisconsin. To be clear, we are talking about seeking dismissal before trial. Fighting your OWI charge at trial is always an option, and there are several defenses an experienced Madison OWI lawyer may be able to assert on your behalf in court.

With this in mind, the options for getting an OWI charge dismissed before trial in Wisconsin include:

Option #1: Keep the Prosecution’s Evidence Out of Court

One option is to keep the prosecution’s evidence out of court. If prosecutors cannot use their evidence against you, they won’t be able to meet their burden of proof—and you should not have to stand trial.

Keeping the prosecution’s evidence out of court involves proving that the police or prosecutors violated your constitutional rights. If the police violated your constitutional rights, any evidence that they obtained in violation of your rights can be deemed inadmissible in court. If prosecutors violated your rights, their violation may have made it impossible for you to receive a fair, speedy, and impartial trial.

Some examples of potential constitutional violations in OWI cases include:

• The police pulled you over without reasonable suspicion
• The police arrested you without probable cause
• The police failed to read your Miranda rights before interrogating you
• Prosecutors have withheld evidence that is relevant to your defense
• Prosecutors have engaged in other misconduct depriving you of your rights

If the police or prosecutors have violated your constitutional rights—and if you can prove it—you may be entitled to dismissal of your OWI charge. When you hire an experienced Madison OWI lawyer to represent you, your lawyer will determine whether your constitutional rights have been violated; and, if so, your lawyer will determine what this means for your case. While constitutional violations can warrant dismissal in some cases, in others the judge may find that the violation does not preclude a fair trial.

Option #2: Show that the Prosecution’s Evidence Doesn’t Prove Your Guilt Beyond a Reasonable Doubt

Even if the prosecution’s evidence is admissible in court, an experienced Madison OWI lawyer may still be able to help you secure a dismissal by showing that the prosecution’s evidence doesn’t prove your guilt beyond a reasonable doubt. “Beyond a reasonable doubt” is the burden of proof in all Wisconsin OWI cases, and it is up to the prosecution to meet this burden. As a defendant, you do not have to prove anything at trial. Prosecutors will present their case first; and, if they don’t meet their burden of proof, you will be entitled to an acquittal without needing to present any evidence in your defense.

This also means that you can seek dismissal before trial if prosecutors don’t have the evidence they need to secure a conviction. If the prosecution’s evidence is lacking, there is no reason to waste your time—or the court’s time—with a trial. During the early stages of your case, your lawyer will be able to learn what evidence prosecutors have in their possession (unless they improperly withhold evidence), and then your lawyer will be able to use this information to determine whether a motion to dismiss is warranted.

Option #3: Enter Into a Diversion Program Before Trial

A third option for getting an OWI charge dismissed before trial in Wisconsin is to enter into a diversion program. While different counties have different diversion programs, the fundamental concept behind each of these programs is the same: If you enter into the program, your OWI case will be “diverted” from trial during your participation; and, if you complete the program successfully, your OWI charge will be dismissed.

Entering into a diversion program can be a good option in many circumstances—especially if you got caught driving under the influence. But, as there are costs involved in completing a diversion program (in addition to a substantial time commitment), you should not assume that this is your best option automatically. If you have grounds to keep the prosecution’s evidence out of court, or if prosecutors simply don’t have the evidence they need to win in court, then working with your lawyer to file a motion to dismiss could be a better option.

What About Negotiating a Plea Bargain?

What about negotiating a plea bargain? This is an option in Wisconsin OWI cases, and negotiating a plea bargain can save you from an OWI conviction. However, your “plea” will still involve accepting responsibility for a violation of Wisconsin law—usually reckless driving. As a result, while this can also be a good option in some cases, here too, you will want to be careful to ensure that you are considering all of the options you have on the table.

Discuss Your Options with an Experienced Madison OWI Lawyer in Confidence

Are you facing an OWI charge in Wisconsin? If so, we encourage you to contact us for more information. To discuss your case with an experienced Madison OWI lawyer in confidence, call 608-257-0440 or request a free consultation online today.