Brought to you by Colorado DUI Drunk Driving Defense

Madison DUI Lawyers

1. Lawton & Cates: Criminal Traffic Matters: The majority of criminal traffic citations are issued for offenses such as operating a motor vehicle while under the influence of an intoxicant, reckless driving, endangering safety, hit and run attended vehicle, eluding and officer, and operating a motor vehicle after revocation. Sometimes these infractions result in loss of driving privileges, jail, probation and a fine.
2. 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.
3. Patrick Strangl: As soon as you become aware that the police (or some other investigating agency) are looking for or investigating you, or if you believe that you may have committed a crime. A lawyer can intervene with the police and either prevent an arrest or, if you are going to be arrested, arrange for your surrender at a time and in a manner that minimizes embarrassment to you or your family. Hiring a competent lawyer in a timely fashion may also protect you from being questioned by the police. If questioned by the police never answer any questions and always ask for an attorney to be present during any questioning no matter where the attempted questioning takes place.
4. Mays Law Office: The social, civil and criminal consequences of drunk driving convictions have lasting effects. In Wisconsin, if you are arrested for drunk driving, you will be required to appear in either a Municipal or Circuit Court. If convicted, you will receive steep fines and may be sentenced to jail time. (See How To Calculate Your Blood Alcohol Level - BAC). You have rights. You have the right to be represented by an Attorney and to cross-examine the witnesses, even if they are police officers. Having Attorney Stephen Mays beside you may make all the difference to the final outcome of whether charges are dismissed, reduced, or carry their full penalty. If convicted on a first offense, in addition to facing a forfeiture, a steep fine, and other associated court costs, your driving privileges may berevoked for 6 to 9months. Youwill also be required to attend a mandatory alcohol education program and an alcohol treatment program. Additionally, your insurance company may increase your rates to an unmanageable level or you may loose your license. A second convictionwill result in driving privileges beingrevoked for 12 to 18 months, a minimum of 5 days to 6 months in jail, steep fines, and associated court costs. A third conviction may result in driving privileges being suspended for 2 years or revoked. A fifth conviction is a felony in Wisconsin
5. Tracey Wood: Penalties for first offense drunk driving include license revocations; jail is imposed for second offenses through fourth offenses; and prison for fifth offenses and higher.
6. Kalal & Associates: Many prosecutors try to streamline the process of drafting criminal complaints in drunk driving cases by using a form that simply attaches the police reports. This has been the practice in Winnebago County. The Court of Appeals has now ordered three-judge status in a State appeal from an order in Winnebago County dismissing a drunk driving case. The circuit court held that the complaint was legally and constitutionally insufficient because it did not contain facts under oath, but merely stapled unsworn police reports to a document called a "complaint." The Court of Appeals granted three-judge status on its own motion. The case is expected to resolve a conflict in circuit court decisions occurring within Winnebago County
7. Ruth Law Office: In Wisconsin, what most people call "drunk driving" actually consists of two separate charges, operating while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC). To be convicted of OWI, the prosecutor must prove that you operated a motor vehicle on a public highway or other prohibited place while "under the influence" of alcohol, drugs or both. A driver is considered "under the influence" when his or her ability to operate a vehicle is "impaired" by alcohol, drugs, or both. Impairment, however, does not necessarily depend on a BAC of .10% or greater. For example, someone who has a relatively low tolerance for alcohol may suffer impairment with a BAC of .08%. What are the penalties for a drunk driving conviction in Wisconsin? There are many intricacies to WisconsinÕs drunk driving penalty structure. So, in any particular case, you should contact a qualified defense attorney to advise you of the possible penalties in your case. Also, the penalties for drunk driving regularly change. The information provided below sets forth a basic outline of the drunk driving penalty structure from the 1997-98 edition of the Wisconsin Statutes for individuals 21 years of age or older. First Offense ¥ Forfeiture of $150-300, plus costs and assessments ¥ 6-9 month license suspension ¥ Mandatory alcohol assessment/driver safety plan ¥ Six points assessed against driverÕs license ¥ Major traffic offense counted against driverÕs license ¥ Court may order restitution Second Offense ¥ Forfeiture of $300-$1,000, plus costs and assessments ¥ Imprisonment for not less than 5 days nor more than 6 months ¥ 12-18 month license revocation ¥ 60-day waiting period to obtain occupational license ¥ Mandatory alcohol assessment/driver safety plan ¥ Six points assessed against driverÕs license ¥ Major traffic offense counted against license ¥ Court may order restitution Third Offense ¥ Forfeiture of $600-$2,000, plus costs and assessments ¥ Imprisonment for not less than 30 days nor more than 1 year ¥ 24-36 month license revocation ¥ 90-day waiting period to obtain occupational license ¥ Mandatory alcohol assessment/driver safety plan ¥ Six points assessed against driverÕs license ¥ Major traffic offense counted against license ¥ Seizure and forfeiture of vehicle or ignition interlock device ¥ Court may order restitution Fourth Offense ¥ Forfeiture of $600-$2,000, plus costs and assessments ¥ Imprisonment for not less than 60 days nor more than 1 year ¥ 24-36 month license revocation (5 years for those defined as habitual traffic offender with a 2 year wait for occupational license) ¥ 90-day waiting period to obtain occupational license ¥ Mandatory alcohol assessment/driver safety plan ¥ Six points assessed against driverÕs license ¥ Major traffic offense counted against license ¥ Mandatory seizure and forfeiture of vehicle Fifth Offense (or greater) ¥ Forfeiture of $600-$2,000, plus costs and assessments ¥ Imprisonment for not less than 6 months nor more than 5 years ¥ 24-36 month license revocation (5 years for habitual traffic offender with a 2 year wait for occupational license) ¥ 90-day waiting period to obtain occupational license ¥ Mandatory alcohol assessment/driver safety plan ¥ Mandatory seizure and forfeiture of vehicle ¥ Six points assessed against driverÕs license ¥ Major traffic offense counted against license Do I have to have a blood/breath alcohol content of .10% or more to be charged with drunk driving? No. In Wisconsin, what most people call "drunk driving" actually consists of two separate charges, operating while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC). To be convicted of OWI, the prosecutor must prove that you operated a motor vehicle on a public highway or other prohibited place while "under the influence" of alcohol, drugs or both. A driver is considered "under the influence" when his or her ability to operate a vehicle is "impaired" by alcohol, drugs, or both. Impairment, however, does not necessarily depend on a BAC of .10% or greater. For example, someone who has a relatively low tolerance for alcohol may suffer impairment with a BAC of .08%. It is important to remember that the question of impairment depends to a large extent on opinion evidence. The police officer may hold the opinion that your speech is slurred or that your balance is unsteady. And, based on this opinion, the officer may conclude that you are "impaired." You or another witness may hold the opinion that your speech is not slurred, nor your balance unsteady. Remember, the police officerÕs opinion is just that, an opinion. The jury makes the final decision about whether there is enough evidence to conclude that you were impaired. The second "drunk driving" offense in Wisconsin, operating with a prohibited alcohol concentration (PAC), depends entirely on the amount of alcohol in your system at the time you operated a motor vehicle on a public highway or other prohibited place. If you have one or no prior convictions, suspensions or revocations the prohibited alcohol concentration equals .10% or more. If you have 2 or more prior convictions, suspensions or revocations, the prohibited alcohol concentration is reduced to .08% or more. Most police departments test your alcohol content by a breath or blood test. These tests, however, are not perfect. Machines malfunction, officers sometimes fail to correctly administer the test, and external factors may skew the test results. Also, the alcohol tests only claim to measure your breath or blood alcohol concentration at the time of the test. But, alcohol in your system is always changing. The alcohol concentration in your system at the time of the test is not necessarily the same as it was at the time you were driving. You cannot be convicted of a PAC offense unless the prosecutor can prove that you had a prohibited alcohol concentration at the time you operated a motor vehicle in a prohibited place. Do I need to "drive" a moving vehicle to be charged with drunk driving? No. Wisconsin law prohibits "operating" a motor vehicle while intoxicated or with a prohibited alcohol concentration. "Operate" generally means to manipulate any of the controls necessary to put the vehicle in motion. So, turning the key in the ignition, even if the car does not move, amounts to operation under WisconsinÕs drunk driving law. However, the question of operation gets tricky, especially if a witness did not observe the vehicle in motion or observe you manipulate the vehicleÕs controls. If you have any question about whether your conduct amounts to "operation" as defined by the law, contact one of the lawyers at Ruth Law Office. Can I get charged with drunk driving in a parking lot? Yes, however, only in certain parking lots. If you were stopped for drunk driving in any area other than on a public road, you should contact one of our attorneys to review your situation to determine if you were stopped in a prohibited area. Can the police stop my car for any reason? No. In most cases, to stop your car, the police either need a warrant, or they must have a reasonable suspicion that you committed or are in the process of committing a criminal or traffic offense. And, in most cases, if they donÕt have a warrant or reasonable suspicion, any evidence that was obtained as a result of the illegal stop cannot be used against you. So, even if you were operating under the influence, if the stop of your vehicle was illegal, your case may be dismissed. Since every case depends on unique facts, it is impractical to list all of the possible reasons why the stop of a vehicle may be illegal. However, if you were charged with drunk driving after the police stopped your vehicle, you should contact one of our experienced drunk- driving defense attorneys to investigate your specific situation. Can the police require a breath or blood test for any reason? No. Under the implied consent law, to demand a breath or blood test, a police officer must have probable cause to believe that you violated one or more driving related offenses and must have arrested you for that offense. In some cases, the police may also force a breath or blood test if they have probable cause to believe that there is evidence of a crime in your blood or breath. However, the area of compelling breath or blood tests is complicated and fact specific. If you submitted to a breath or blood test, or refused to do so, you should contact one of our lawyers to discuss your specific situation. If I was previously convicted of drunk driving, will a new offense for drunk driving count as a second offense? Not necessarily. Beginning January 1, 1999, a second offense is generally defined as any offense that occurs within 10 years of a previous offense. The 10 years is calculated from the date that the offenses occurred, not the dates of conviction. No offense that occurred before January 1, 1988 counts as a prior offense. However, a drunk driving offense only counts as a prior offense under Wisconsin law if the statute under which you were previously convicted is in strict conformity with sec. 346.63(2) of the Wisconsin Statutes. You should have a qualified attorney review any prior offenses carefully to determine if they are in strict conformity with sec 346.63(2). This is especially important if your prior offense(s) occurred in another state. Additionally, unconstitutionally obtained convictions do not count as prior drunk driving offenses. So, before you accept a previous OWI conviction as a prior offense, you should have the specific facts of the previous conviction review by one of our attorneys.