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Appleton DUI Lawyers

1. 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.
2. Robinson Law Firm: Assault Battery Child Abuse Domestic Abuse Narcotics Charges Drunk Driving Homicide Theft Charges Sexual Assault Probation Revocation Personal Injury
3. Carroll, John: Criminal defense - at the Federal and State levels Illegal search and seizure Felony and misdemeanor Obstructing / resisting Drug and gun offenses Probation revocation Disorderly conduct Domestic violence OWI and OAR Homicides
4. Peterson, Berk & Cross: Domestic abuse ¥ OWI ¥ Drug ¥ Traffic ¥ Theft ¥ Sexual assault ¥ Juvenile ¥ Appeals Contact Our Criminal Law Team
5. Englebert, Mark: Drunk driving DUI OWI Traffic offenses Felonies Misdemeanors Alcohol offenses Drug related offenses Fraud Weapon charges Assault offenses And more minor criminal defense
6. Schuh, 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.
7. Priebe Law Office: The Criminal Justice System can be a scary and dangerous place. Choosing a lawyer to defend your freedom and good name will be one of the most important decisions you'll ever make.
8. Rudolph Law Office: Drunk Driving and Traffic Law Drunk Driving Drugged Driving Operating After Revocation Injuries Hit and Run Fleeing All Traffic Offenses Criminal Defense Drug and Possession Charges White-Collar Crimes Theft Burglary Robbery Battery Disorderly Conduct Domestic Charges
9. Holloway & Johnson: RIGHT TO COUNSEL Persons charged with a criminal, ordinance, or traffic offense are entitled to be represented by an attorney. If the charge is punishable by jail or prison the defendant may be entitled to an attorney appointed by the State Public Defender with a minimal fee. If the State Public Defender cannot or will not apoint an attorney, there are procedures to request the Judge appoint an attorney through what is frequently referred to as a Dean Hearing. Court Appointed attorneys are paid by the county at a rate below their normal rate and the defendant is required to repay the county. The Clerk of Courts office in the county where you are charged should have information available on the local procedure to request a Court Appointed Attorney. In any case, a person has the right to hire an attorney of their own choosing. BAIL HEARING When a criminal case begins, the court will almost always set conditions of bail. If cash bail is imposed, the amount of cash must be paid prior to being released from jail. Other conditions could be absolute sobriety conditions, no contact provisions, or travel restrictions as well as any other requirement that the Judge wold believe would be necessary to insure the defendant's appearance at future court hearings and prevent criminal behavior. Bail hearings and Motions to Modify Bail can occur at many different times. However, a significant change in a cash bail situation only occurs approximately 10-20% of the time. If a defendant fails to appear for a court hearing or otherwise violates the conditions of their bail bond, they could be subject to severe sanctions including but not limited to additional criminal charges and loss of any monies posted as bail. An important thing to realize is that upon conviction money posted as cash bail is often taken to pay for court costs, fines, and restitution even if the money is not the defendant's. INITIAL APPEARANCE Questions of bail are dealt with, along with other simple issues, and some initial information is gathered. Subsequent dates are almost always set after the initial appearance. However, very little of substance usually occurs. Nevertheless, the client must be present. PRELIMINARY HEARING Only for felony cases. This hearing is often considered a mini trial. The DA usually has to bring in at least one witness to testify that a felony may have occurred, and that the defendant probably committed the felony. Our right to cross examination is limited and credibility is not an issue. However, guilt or innocence is not decided; a decision to continue the proceedings is simply made. This is called a bind over, which is a relic from the middle ages in which people were actually bound (tied up) before being taken to trial. Nothing of that nature occurs at the end of preliminary hearing at this stage unless the client is already in custody at the County Jail or in prison as a result of a possible probation revocation. ARRAIGNMENT In a felony case, this is where we plead Ònot guiltyÓ. STATUS CONFERENCE Future court dates are set based upon the posture of the parties in potentially reaching a settlement or having to go to trial. Most of the time, it is required for the client to appear, so the client should plan to appear unless told otherwise. PRETRIAL CONFERENCE The most common purpose of a Pretrial Confernce is to advise the Court of the status of the case and in most cases the defendant is required to appear. Each judge has their own procedure for how these hearings are handled. Certain judges in Outagamie County do not handle these hearings themselves and the hearing is an informal conferences with the Judge's assistant and usually serve to schedule future hearings. Some judges handle these hearings themselves and will either use the hearing for determining the status of the case and scheduling or in some cases expect a plea to be entered if the case is settled. MOTION HEARINGS Many potential Motions can be filed, but most cases do not involve much in the way of helpful Motions. Most defense Motions are denied by the courts, and they simply get in the way of a potentially favorable disposition or negotiation stance with the prosecution. Most Motions which are dispositive of the case are generally unsuccessful, and are usually not a vital part of a particular case. A suppression Motion in regard to a confession may be extremely important in a case. However, such dispositive Motions are generally the exception. PLEA BARGAIN More than 90% of all criminal and traffic cases settle. However, we initially treat every case as though it is going to go to trial so that we are as prepared as possible. A plea bargain is simply an agreement between the prosecution and the defense to enter an agreement of some kind. The plea bargain can sometimes be quite detailed, and at other times rather open-ended. However, the most important factor to realize about a plea bargain is that the judge is not bound by the terms of the agreement. Although judges generally follow plea bargains, exceptions occur every day. PLEA HEARING You will be required either to advise the Judge if you wish a trial or if you will be entering into a plea agreement. If it is a change of plea, often sentencing will occur at that time in misdemeanor cases. If a Pre-Sentence Investigation (PSI) report has been ordered or we have reasons for needing more time, sentencing can be requested to occur at a different date. Many judges have the plea hearing as the absolute cut off date for reaching a complicated amendment to the charges as a result of the plea. Sometimes this rule is enforced, but oftentimes it is not. Nevertheless, the judgesÕ practice in this respect should be considered carefully. TRIAL/JURY TRIAL There are many factors which go into deciding whether to enter into a plea agreement or have a jury trial. A jury trial involves all of the Constitutional and Statutory rights that we as residents of this country and state are granted. It is an extremely serious, expensive and complicated proceeding. Going through a trial may require an additional retainer fee. SENTENCING Sentencing in most cases takes less than half an hour. However, in complex cases, testimony is often received from potential victims, others involved in the personÕs life, and family members. The rules of evidence are extremely loose, so people can provide hearsay evidence, opinion evidence, speculative evidence, and general evidence regarding a personÕs personality or reputation. This can be both good and bad for a defendant. As stated above, it can be done at the plea hearing, or at a later date. APPEALS AND PARDONS A personÕs postconviction rights are usually a last gasp effort to mitigate the damage from a severe sentencing. We almost never advise our clients to enter into a plea agreement only to have them wait for an appeal or pardon to clear their record. This is rarely successful, and bad advice in almost every case. The appellate process is rather long, expensive, and complicated. The pardon process is even less successful than the appellate process. The complexities of these issues are tremendously involved, and require more than this site to explain in detail.
10. 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.
11. 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
12. 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.
13. 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.
14. 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!!
15. 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
16. 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.

17. 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.