Madison DUI Lawyers
- Mandell & Ginsburg:
If you have been arrested for drunk driving in Wisconsin, call a lawyer right away. Few people are aware that your driver's license can be administratively suspended by the Department of Transportation before you are even charged with OWI (operating while intoxicated). You have only 10 days to request a hearing to challenge this automatic suspension. Our lawyers will represent you in your hearing with the Wisconsin DOT as well against the criminal OWI charge.
Wisconsin Drunk Driving Penalties
In Wisconsin, drunk driving is known as OWI (operating while intoxicated). However, many people still refer to the charge as DWI (driving while intoxicated) or DUI (driving under the influence). By any set of initials, it is a very serious charge. You face suspension of your license, jail time and fines. The most serious financial penalties come later, when you are forced to pay high-risk auto insurance that will result in thousands of dollars of added costs over the next three years.
A drunk driving charge can begin a downward spiral in your life, causing problems at home and at work. Given the hardship of not having a driver's license, some people choose to drive illegally. If you are caught, you will face even more serious criminal charges such as operating while suspended (OWS) or operating after revocation (OAR).
Don't let a single drunk driving charge wreck your life. The time to fight a DUI/DWI/OWI charge is as soon as possible after you are arrested.
- Chirafisi Law Office:
Wisconsin law refers to drunk driving offenses as an OWI offense - operating while intoxicated, while in other states, they are referred to as DUI, DWI, or OUI. The basis of all drunk driving law is to accuse, charge and punish people for driving while under the influence of anything that may impair their ability to drive. Alcohol or illegal drugs can cause impairment, but so can prescription medication and over the counter medications.
Legal Limits
In most situations, the legal blood alcohol limit is .08; however, people with CDL licenses (commercial driver's license), people who have been previously convicted of a drunk driving offense, and minors are subject to stricter rules.
Drunk Driving & People Under 21 Years
Wisconsin's legal drinking age is 21. Under Wisconsin's zero tolerance laws, a person under the age of 21 years stopped for drunk driving who has any trace of alcohol in their blood is automatically charged with an OWI.
Refusals - Refusing To Submit To A Blood Alcohol Test
Wisconsin's implied consent rule provides that any person who has a valid driver's license gives his or her consent to be tested for drunk driving if they are stopped. The consent to test is implied by the fact that they have a Wisconsin driver's license. If the person refuses to submit to a test, then many other rules apply, such as a refusal to an implied consent test is valid grounds for automatic and immediate suspension of a person's driver's license, and subjects that person to immediate arrest.
- Sipsma Hahn Brophy:
Madison, like America, has a drinking culture that pre-dates her technological leap from the horse drawn carriage to the car. The automobileÕs relatively new emergence on the transportation scene has been in conflict with the Packer/Badger State culture since day one and is only worsened by the speed and density of traffic associated with the modern day. The drinking and driving problem is not an unexpected one. The real dilemma Madison, and the country face is finding a way to manage the drinking culture and the need for transportation while, at the same time, factoring in the American spirit of freedom and independence.
The current solutions or approaches to improving the situation are variedÉ. However, a strong emphasis has been placed on law enforcement and assessing penalties on convicted drunk drivers. The approach has its merits and drunk driving needs to be a top priority for the people of Wisconsin.
- VanWagner & Wood:
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Wisconsin Criminal Defense Lawyers
Wisconsin Drunk Driving - OWI DUI DWI
Wisconsin's foremost authority on drunk driving laws, attorney Tracey Wood, criminal defense lawyer at Van Wagner & Wood is Wisconsin's first ever attorney appointed to the Board of Regents to the National College for DUI Defense, an organization committed to developing excellence in drunk driving defense. Attorney Wood was the first ever lawyer in Wisconsin to be certified as a Standardized Field Sobriety Test Instructor in the state of Wisconsin. Attorney Tracey Wood frequqntly teaches on subjects ranging from the technical operations of a breath testing device to the myths about sobriety tests such as a breathalyzer, conducting a walk the line test, touching your finger to your nose, walking heel to toe, and reciting the alphabet. She has challenged test after test and won, appealed convictions lost by other lawyers and had them overturned, challenged police testimony and had it thrown out, and appealed harsh and cruel sentences having them reduced.
Refused Test? What You Need To Know NOW
In Wisconsin, if you refused to submit to a breath or blood test after being arrested for drunk driving (referred to as operating while intoxicated or OWI in Wisconsin and called DUI or driving under the influence in other states), your driver's license is at risk. You have 10 days (not counting weekends or legal holidays) from the date on your citation to demand a "refusal hearing". If you fail to file the demand within the 10 day window, you will lose your license for at least one year, and potentially as many as three years. To learn how you can SAVE YOUR DRIVER'S LICENSE NOW before it is too late, contact Van Wagner & Wood or submit your case right away.
Wisconsin Drunk Driving Laws
Wisconsin Drunk Driving Laws prohibit a driver over the age of 21, with no previous drunk driving convictions to operate a motor vehicle, with a Blood Alcohol Concentration (BAC) of 0.08 or greater, while under the influence of an intoxicant (alcohol, controlled substances, illegal drugs, legal drugs, over-the-counter drugs). However, a person can still be cited for OWI even if there BAC - blood alcohol content - is not at .08 because according to Wisconsin Drunk Driving Law, a driver is "under the influence" when his or her ability to operate a motor vehicle is impaired.
Wisconsin Drunk Driving Laws Apply To Drugs
Wisconsin Drunk Driving Laws also apply to any controlled substance including prescription drugs and medication, as well as illegal drugs and other recreational pharmaceuticals.
First Offense - Drunk Driving - OWI DUI DWI
In Wisconsin, the first drunk driving OWI offense is a civil matter, but that does not mean that it is not without severe penalties that can affect your job, CDL, and future career. For a first offense, the fines range between $150 and $300 plus a $355 surcharge with a suspension or revocation of at least 6 months and up to 9 months.
Occupational Licenses
If you contact the criminal defense lawyers at Van Wagner & Wood right away, they may be able to save your driver's license and can arrange to have an occupational license available for you almost immediately.
Second - Third - Fourth Drunk Driving Offense
In Wisconsin, a second through fourth drunk driving offense is a misdemeanor offense. As the number of offenses increases, the penalties increase accordingly, and fines may be assessed against the convicted person that range from $600 up to $100,000. Additionally, Wisconsin drunk driving law provides stricter limit provisions for a person who is arrested for a second or subsequent drunk driving offense. In addition to lower BAC limits and fines, a person can be sentenced to jail for 5, 10, or even 25 years.
5th Drunk Driving Offense
In Wisconsin, a fifth or subsequent drunk driving offense is a felony. Felony drunk driving offenses are very serious crimes.
Challenge Prior Drunk Driving Convictions
If you were previously arrested for drunk driving in Wisconsin, or if you were arrested for drunken driving in another state, contact Attorney Tracey Wood right away. Attorney Tracey Wood has been very successful in challenging prior drunk driving convictions.
What To Expect
If you were arrested for drunk driving or driving under the influence of a drug, controlled substance, or other narcotic for the first time, you probably want to know what to expect when you hire a criminal defense lawyer from Van Wagner & Wood. Click here for a list of some of the more important things that you will need to do right away.
FAQ's: Frequently Asked Questions About Wisconsin Drunk Driving Laws
What to do first: submit your case right away.
Then take your time to read through the information that we have provided for you on our website, under the drunk driving (OWI DUI DWI) menu. There you will find answers to many of your questions.
Drunk driving is a very serious offense in Wisconsin. By having one of Madison's Best Lawyers at your side, you can rest assured that you will have done all that you can possibly do to ensure the best outcome given all of the facts and circumstances of your particular situation. Remember - every case is different, and you should not rely upon a friend to tell you how the law applies to you - ask for expert advise - ask the attorneys at Van Wagner & Wood.
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