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Appleton DUI Lawyers

VanWagner & Wood: Wisconsin law refers to drunk driving offenses as OWI charges, which stands for Operating While Intoxicated. Other states may refer to these as DUI - Driving Under the Influence or DWI - Driving While Intoxicated. In Wisconsin, there is no distinction between a drunk driving charge and an OWI charge; a person can be arrested for being under the influence of alcohol or any other intoxicant including illegal drugs, legal prescription drugs and over the counter medications.
1. McCanna, Dudas & Kewley: Understanding the Consequences of a DUI If you get pulled over for drunk driving in Wisconsin, the consequences can be serious: * Suspended driver's license * Points against your license * Increased insurance costs * Fines * Criminal record * In some cases, incarceration Many people try to handle their DUI or DWI charges without the help of a lawyer. Often the believe there is nothing they can do if they are pulled over for DUI. That's not true Ñ you are much more likely to improve your outcome if you hire a criminal defense attorney.
2. Robinson, Nila: 1. Traffic Stops, Accidents and Drunk Driving 2. Searches of Your Home, Person and Vehicle 3. Investigation and Questioning by the Police 4. When you are Stopped on the Street 5. What is an Arrest and When Does it Happen? 6. Domestic Abuse: The Reality and the Accusation 7. Kids, Parents and the Law 8. Sex, You and the Law: An Unhappy Threesome 9. You and the Internet 10. How a Case Goes Through the Legal System
3. Bollenbeck, Wagener, Spaude & Fyfe: If you are considering hiring a lawyer because you have been charged with a drunk driving or traffic violation offense, you want an experienced attorney to protect your interests. You want a lawyer who has successfully helped other defendants protect and preserve their legal rights.
4. Shuh, Carlton: The Two Main Tests in an OWI Case If a police officer stops you for Operating While Intoxicated (OWI, often called DWI, DUI or just drunk driving), there are two main tests that the officer will perform: * The portable breath testing unit: This is a small, black, hand-held unit that analyzes your blood-alcohol content quickly. It is however, inadmissible in court and an arresting officer should be using this only as a screening device. It is important to note that even this screening device can only be used if the officer has a reasonable suspicion that you were driving dunk. * The Horizontal Gaze Nystagmus (HGN): Alcohol depresses the central nervous system. An intoxicated person's eyes stare at a 45 degree angle or track a slow-moving object smoothly. During an OWI stop, the officer will move a pen or a pen-light in front of your eyes slowly, or hold it steady at a 45 degree angle, watching your eyes for jerking. This is admissible in court, but I have experience finding mistakes in this procedure to have the evidence suppressed.
5. Pitsch Law Offices: If you've been cited for Drunk Driving, given an OWI or BAC/PAC citation or violation of the Absolute Sobriety Law, then you need to seek out the services of a qualified attorney. There are generally four (4) phases to an OWI stop and arrest, as listed below: Phase 1: The Stop An officer doesn't always stop people with just legal cause. We have gotten our client's cases dismissed for such illegal stops, such as when an officer pulled one of our clients over for making too many right hand turns, "because it was suspicious", or when a client was illegally stopped because an anonymous person made a call but the officer failed to first verify independently that there was a violation, or when our client was pulled over illegally by the police for flashing his high-beam lights at an on-coming car. Phase 2: Personal Contact/Reasonable Suspicion Just because you are stopped doesn't mean the officer can get you out of your vehicle to test you to see if you are drunk. Remember, the officer never stops you for Drunk Driving, you are stopped for violating the rules of the road, such as for speeding, or failing to come to a complete stop at a stop sign, etc. To get you out of the vehicle for field sobriety testing the officer must establish "Reasonable Suspicion" that you are Intoxicated, not simply that you've been drinking. This is done by establishing, in the totality of the circumstances, that enough indicators are present to form such a belief, such as red/glossy eyes, slurred speech, fumbling with your wallet/purse, having the odor of an intoxicant emanating from you, the admission of recently consuming an intoxicant. Keep in mind that one indicator by itself do not necessarily amount to "Reasonable Suspicion." It is not illegal to drink and drive, you just cant drive while intoxicated or with a prohibited level of B.A.C. And, the odor of alcohol is not by itself an indicator of being intoxicated, just simply that you may have drank or had a drink spilled on you. We've been able to get all of the testing and results suppressed and cases completely dismissed because there was no reasonable suspicion to believe our client was intoxicated; thus, no legal cause existed for the officer to begin an investigation into a possible OWI/BAC violation. Phase 3: Pre-Arrest/Field Sobriety Testing (FST) Just because the officer has enough to get you out of the car for FSTs does not mean he has enough to make an arrest, which is why they have you perform tests, such as the Horizontal Gaze Nystagmus (HGN) test, Walk-And-Turn test and the One-Leg-Stand. Officers never perform the HGN test correctly and therefore it is impossible to know what they saw or reliably predict intoxication. So, it is often times not predictive and therefore not able to be utilized with any degree of accuracy when determining if a suspect is intoxicated. Officers often times misinterpret the results of the Walk-And-Turn test too because they either have the suspect start on the incorrect foot, which causes them to be on the wrong foot at the ninth step and therefore unable to correctly make the pivot turn. They also, from time to time, count stepping "off the line" each time to establish enough clues to possible indicate intoxication. Whether you step off the line once or five times it is technically supposed to be one indicator, not five indicators. As for the One-Leg-Stand, an officer will attempted, often times, to get you to stand on a rigid leg, which creates a higher (top end weighted) pivot point, which is more unstable and will often times lead to loss of balance. The key to this test is to slightly bend the leg you stand on and lean slightly backward, which creates a more sturdy base for balancing. Failure by the officer to properly administer these tests can lead to suppression of all evidence of intoxication and the dismissal of your case. We have gotten our clients evidence suppressed and cases dismissed at this phase for such violation. Phase 4: Post Arrest/Implied Consent If you are arrested and "Probable Cause" is established in the "totality of the circumstances" after performing the FSTs, it's not over yet. Following the arrest but prior to formal breath or blood testing, the officer is required by law to read you the Informing the Accused. Failure by the officer to inform you of those rights may lead to suppression of evidence of intoxication and cases being dismissed. Also, if you submit to an officer's request for formal testing, you may request secondary testing. The officer will provide you with secondary testing at no cost, or permit you an alternative test of your choice at your cost. If request secondary testing and the officer fails to provide you this opportunity, then the remedy is that evidence is suppressed, including his primary test that you previously submitted to, and cases may also be dismissed. We have been successful at getting our client's evidence suppressed and cases completely dismissed for these such violations, even after juries have found our clients to be guilty at trial. Remember, a mistake by an officer at any one of these phases may result in you case being completely dismissed!!
6. Zoesch, Tom: Criminal Traffic Violations * DUI/DWI: He defends clients against criminal charges involving drunk driving and helps people recover their driving privileges. * Moving violations: He helps people with multiple moving violations, particularly those who are in danger of losing their driver's license. Other Charges * Sexual assault * Drug crimes * Burglary/theft * Disorderly conduct * Assault/battery/domestic abuse * Parole and probation violations
7. Benjamin Legal Services:

   OWI law covers more than alcohol

   The legal BAC (blood alcohol concentration) limit for a first time OWI (operating while intoxicated) offender is .08. Nearly 40% of all fatal crashes are alcohol-related and 78% of drivers in fatal OWI crashes are first-time OWI offenders.

   OWI law covers more than alcohol. The legal definition is "operating while under the influence of an intoxicant, any controlled substance, any other drugs, or a combination thereof." Driving under the influence of alcohol or drugs is illegal. It is also dangerous. Plain and simple.

   If you have been arrested for OWI or have been issued a citation for Zero Tolerance, you will be required to complete a substance abuse assessment and any recommended treatment. In addition, you are required to complete an educational course for drinking drivers. Information on this and other effects of OWI will be thoroughly explained to you by one of our experienced attorneys.

   Once youve received an OWI ticket, you need representation. You need an attorney experience with traffic law and OWI cases, which is willing to take that extra step to help with your unique case. MGM Lawyers have experienced attorneys on staff who are willing to go that extra mile and take every step possible to make sure your rights were not violated and get you the best possible outcome for your situation.

8. Sisson & Kachinsky: If you are charged with drunk driving you will need to appear in Criminal District Court. It is here that your guilt or innocence will be determined, and here where your criminal consequences, if any, will be determined. A conviction for drunk driving can affect your ability to maintain car insurance, establish a criminal record for you, result in costly fines, and even jail time or court ordered alcohol treatment. Because of the numerous and burdensome potential consequences, it is imperative that you have an experienced attorney represent throughout the process. Drunk Driving Facts In Wisconsin, a person is legally intoxicated with blood alcohol content (BAC) of .08 or above. If you have had three prior OWI convictions, then you could be convicted with a BAC as low as .02. If there is an accident, and someone seriously injured or dies, that is a felony, which could result in prison time. There are two prongs to the OWI charge. You have only ten days from an OWI allegation to request an administrative or refusal hearing. That hearing is conducted by the Wisconsin Department of Transportation (DOT). At the hearing you have the opportunity to challenge whether there was probable cause. If you do not request this hearing, the DOT will suspend your license, even if you are ultimately found not guilty. The second hearing is the OWI trial itself. You could lose your license at this stage, too. A first offense OWI is a civil action. A second through fourth offense is a criminal traffic offense. A fifth offense is an automatic felony. Fortunately, Wisconsin looks favorably on rehabilitation. If you volunteer for treatment, your sentence will be lighter, especially if this is your first offense. An OWI stays on your record forever, with one exception. A first offense OWI can be dropped after 10 years if your BAC was between .08 and .99.