Master of Defense: OWI Q&A

General OWI Law?

Intoximeter Test

Administrative Suspension &

Refusal Hearings

Trial Issues Sentencing

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General OWI Law?General OWI Law? – – 10 points10 points

What are the elements of the OWI offense?

General OWI Law General OWI Law – – 20 points20 points

Can your client be charged with OWI if they are found

in their driveway?

General OWI LawGeneral OWI Law– – 30 points30 points

When is OWI not a criminal offense?

General OWI LawGeneral OWI Law– – 40 points40 points

My Client was pulled over while on his riding lawn

mower, going from his house to cut his neighbor’s lawn.

Can he be charged with OWI?

General OWI LawGeneral OWI Law– – 50 points50 points

Does my client have to be found “driving” the vehicle in order to

be guilty of OWI?

Intoximeter TestIntoximeter Test– – 10 points10 points

The police failed to wait the mandated 20-minute observation period. Does that mean the test

must be suppressed?

Intoximeter TestIntoximeter Test– – 20 points20 points

How can a defense attorney challenge the Intoximeter test

results?

Intoximeter TestIntoximeter Test– – 30 points30 points

What is the condensation defense?

Intoximeter TestIntoximeter Test– – 40 points40 points

Are the police required to give your client an additional

test under 343.305?

Intoximeter Test Intoximeter Test -50 points-50 points

What is the machine-operational-errors defense?

Administrative Suspension & Administrative Suspension & Refusal HearingsRefusal Hearings

– – 10 points10 points

How does a client request a refusal hearing or

administrative-suspension review?

Administrative Suspension & Administrative Suspension & Refusal HearingsRefusal Hearings

– – 20 points20 points

How does an attorney get the documents needed for an administrative suspension

hearing?

Administrative Suspension & Administrative Suspension & Refusal Hearings Refusal Hearings

– – 30 points30 points

What does implied consent mean?

Administrative Suspension & Administrative Suspension & Refusal Hearings Refusal Hearings

– – 40 points40 points

Why is it a good idea to hand deliver your client’s demand for

a refusal hearing?

Administrative Suspension & Administrative Suspension & Refusal Hearing– 50 pointsRefusal Hearing– 50 points

What are the three issues covered at a refusal hearing?

Trial Issues Trial Issues – – 10 points10 points

Can the district attorney use my client’s PBT at trial?

Trial IssuesTrial Issues– – 20 points20 points

Your client’s citation has “operating under the

influence” as the offense. Is this sufficient to properly inform the client of the

pending charges?

Trial IssuesTrial Issues– – 30 points30 points

Can the prosecutor amend my client’s charge?

Trial IssuesTrial Issues– – 40 points40 points

Does having a municipal trial, bar the client from requesting a jury trial?

Trial Issues Trial Issues – – 50 points50 points

What are the time limits for filing dismissal

motions?

SentencingSentencing– – 10 points10 points

Should I tell my client to get treatment?

Sentencing Sentencing – – 20 points20 points

Are there any circumstances where an ignition interlock

device would not be required?

Sentencing Sentencing – – 30 points30 points

Can my the judge sentence my client to home detention in lieu

of imprisonment?

SentencingSentencing– – 40 points40 points

What are the options for a judge that doesn’t want your client to lose his job while

serving his sentence?

SentencingSentencing– – 50 points50 points

What is community service good time, and what is the

accrual rate?