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Milwaukee DUI Lawyers

1. Ploetz, Peter: Traffic citations, including OWI and DWI, can carry stiff penalties and the financial repercussions can persist long after your day in court. An experienced, effective Defense Attorney, familiar with the specifics of criminal traffic laws, can be your greatest ally. The cost of doing nothing will likely end up being much greater than the cost of hiring a competent, capable defense attorney with OWI/DWI expertise.rivers with drunk driving offenses. Selecting an effective, proactive Criminal Defense Attorney is the most important step in addressing the charge issued against you. Whether it be operating after revocation or suspension, habitual offender, or OWI/DWI, the consequences of doing nothing will have a lasting effect.ÿ Failure to appear in court, or have an attorney appear with you to face your OWI or DWI charge, may lead the court to issue a bench warrant or revocation of operator?s privileges. Judgment against you on a criminal traffic charge will likely create a ripple effect with the impact to your Wisconsin DOT record. Insurance companies will undoubtedly adjust premiums accordingly. State mandated DOT high risk SR-22 insurance requirements can break the bank. Your driving record is who you are to insurance carriers. Each and every subsequent allegation of OWI, driving after revocation or suspension, or other criminal traffic violation will undoubtedly be enhanced, having a greater impact on your record. To address the charge against you, a strong defense is your right, your privilege. Protect your interests. Multiple OWI or drunk driving offenses often lead to jail time for those convicted. To avoid jail time on an OWI conviction, it is essential to have an attorney experienced with negotiating and using the law to your advantage. Ploetz Defense had a history of helping Milwaukee area residents facing OWI and drunk driving charges reduce or avoid jail time through a detailed understanding of the law and an ability to effectively plead your case.
2. Henry Law Office: DUI If you have been arrested for drunk driving, you need a qualified and experienced attorney in your corner to make sure your rights are protected. Despite how difficult things may seem, you still have legal rights. An experienced Wisconsin OWI/DUI lawyer can help you understand and preserve those rights. If you want to fight your case, it is critical that you immediately contact a qualified DUI defense attorney. 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. We 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.
3. Hunt Law Group: What Should I do if I'm arrested? If you are arrested in Wisconsin, the decision as to whether you should answer any questions is entirely your own. You should give this matter your careful consideration because oral statements, as well as written statements, will be received as evidence in court against you. If you are offered any inducement to sign a document or if you are threatened, coerced, or forced to sign anything, advise your attorney immediately and the senior police official in charge. If you do not have an attorney, you may ask to see one immediately. If you are unable to afford a criminal defense attorney, you have a right to be put in touch with the Public Defender immediately. The Public Defender is a lawyer and is available to give you important legal advice following your arrest. If you are in doubt about whether you should talk with the arresting officer or other law enforcement officers, you should wait until you have spoken with an attorney before giving up your right to remain silent. When are you under arrest? You are arrested when law enforcement officers take you into custody or otherwise deprive you of your freedom of movement in any significant way, in order to hold you to answer for a criminal offense. Under Wisconsin law, police officers are obligated to identify themselves, advise you that you are under arrest, and explain why, unless circumstances make it impossible for them to do so at that time. You may, in fact, be under arrest even though no one has actually used the word "arrest" or any other comparable word. The fact that you have been deprived of your freedom of movement in a significant manner may amount legally to an arrest. Ordinarily, private citizens do not have power of arrest in Wisconsin; but under limited circumstances a private party may make an arrest where an actual commission of a felony is involved. Can a law enforcement officer detain you without arresting you? Based upon reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. Under Wisconsin law, the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location. If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this "frisk" results in reasonable belief on the part of the officer that you are carrying a weapon, the officer may remove the suspicious object for protection. The officers must return to you any unlawful object found, unless they place you under arrest. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons. The officer may ask you some questions in order to complete the field interrogation card. You have a constitutional right not to answer them, or give your name, unless the officer has an articulable suspicion that you are involved in a crime. At the conclusion of this temporary detention the officer must either arrest you or let you go. If you should enter a retail establishment where goods are placed on display and for sale, the merchant or the employees may detain you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or have attempted to steal goods for sale. Under such circumstances a police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in the officer's presence. When are you arrested with a warrant? A police officer may arrest you at any time if he or she has a warrant for your arrest, or if the officer knows that a warrant for your arrest has been issued. A warrant is an order issued by a court charging that you committed a particular crime and directing the sheriff and all police officers of the state to arrest you and bring you before the court. You may require the officer to read the warrant after you have been arrested. An arrest warrant should not be confused with a search warrant. When are you arrested without a warrant? In Wisconsin, a police officer may make an arrest without a warrant under a variety of circumstances. Among those circumstances are: 1) when the officer knows that a warrant for your arrest has been issued and is still in effect even though the warrant may be held by another police officer; 2) when the arresting officer has good reason to believe that a felony has been or is being committed and that you are the person who has committed or is committing the felony. A felony is a crime which is punishable by death or by imprisonment in the state penitentiary for a term of years. Examples of felonies include the more serious crimes such as murder, sexual battery, robbery, burglary, sale of narcotics, as well as grand larceny, keeping a gambling house and many others; 3) when a misdemeanor is committed in the presence of the officer. Under Wisconsin law, there are a few specified misdemeanors for which an arrest may be made without a warrant, even when not committed in the presence of the arresting officer. These exceptions to the general rule are shoplifting, carrying a concealed weapon other than a firearm, possession of not more than twenty grams of marijuana, and a few others. Can an officer use force when making an arrest? The officer may employ all reasonable and necessary force to overcome resistance in making a lawful arrest. The legality of the arrest has nothing to do with whether or not you are ultimately convicted. As long as the officer has reasonable grounds for making the arrest at the time for the arrest, you cannot claim later that the arrest was unlawful merely because you were found not guilty. Resisting arrest with violence is a felony under Wisconsin law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested. Obstructing an officer with violence is also a felony under Wisconsin law. Obstructing or interfering with an officer on duty without violence is a misdemeanor. If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time. When are you searched? While the law of search and seizure is very complex, and often will depend on the facts and circumstances in a particular case, you should not resist a search with force; however, neither should you consent to an improper search. If you do object to a particular search, advise the officer who is conducting it that you do not consent, that you do object to the search and ask the officer to identify him or herself. In most cases involving search and seizure issues, "reasonableness" of the search is the legal test without a search warrant. If police officers arrive at your premises armed with a search warrant, they may search only that area or portion authorized in the warrant itself. You are entitled to have a copy of the search warrant left with you and served on you if you are present. If you are arrested in your home, the officers may conduct a limited search of the immediate area where you are arrested without a search warrant. They may also check the rest of the house for any hidden accomplices. They may seize any contraband, stolen property, instrumentalities or evidence of a crime that they discover in plain view in any portion of the house where the officers have a right to be. Your automobile may also be impounded and inventoried if there is no qualified licensed driver or towing agent to take charge of it. If an officer is about to impound your car, tell the officer if you have a relative or friend who will come and get it, or that you have a preference of your own station, to tow your car. What procedures are usually followed when you are arrested? 1) The officer will take you to a police station. 2) You will be advised generally as to the charges against you. However, these charges may be changed later and stated in more detail by the office of the prosecuting attorney or in some instances by the grand jury. 3) You may be required to participate in a lineup, to prepare a sample of your penmanship, or to speak phrases associated with the crime with which you are charged, to put on certain wearing apparel or to give a sample of your hair. You should ask to have your defense attorney present during any of these procedures. You have an absolute right to counsel, if you are asked to participate in a lineup after you have been formally charged by the prosecuting attorney or indicted by a grand jury. 4) You also may be required to be fingerprinted and photographed. 5) You will be arraigned at a court session or your attorney will file a written plea on your behalf. An arraignment is no more than a plea of guilty, not guilty, or no contest to the charge. If you plead not guilty, a trial date will be set. If you plead guilty or no contest, a sentencing date will be set, generally after the court has received a pre-sentence investigation report from probation and parole. What happens to personal property when arrested? If you should be booked into a jail, the police may take money and property from you for safekeeping. They will carefully inventory your money and property and give you a copy of the inventory. At the time of your release or at the conclusion of your case, such money or property that was not seized as evidence in the case will be returned to you. You will be given an opportunity to sign the property list. You should make certain that the list includes all the items taken from you. What are your rights after your arrest? You have a right to know the crime or crimes with which you have been charged. You have a right to know the identity of the police officers who are dealing with you. This is your right to statute and by custom. You have the right to communicate by telephone with your attorney, family, friends, or bondsperson as soon as practicable after you have been brought into the police station. The police have a right to complete their booking procedures before you are allowed to use the telephone. You have the right to be represented by counsel at all critical stages of your case. If you cannot afford a criminal defense attorney, the court will appoint an attorney to represent you free of charge, if you qualify under existing criteria as an insolvent person. This right pertains to any offense, however trivial, for which any imprisonment whatsoever might result. Constitutional rights may be waived or given up voluntarily. Before you say or sign anything that might result in waiver of a constitutional right, it is in your best interest to contact a criminal defense lawyer and weigh your decision carefully. What rights do you have when questioned by the police? 1) You have the right to remain silent. 2) If you choose to speak, anything you say can be used against you in court. 3) If you decide to answer any questions, you may stop at any time and all questioning will cease. 4) You have a right to consult with your attorney before answering any questions. You have the right to have your attorney present if you decide to answer any questions, and if you cannot afford a criminal defense attorney, one will be provided for you or appointed for you by the court without cost to you before any further questions may be asked. How do you arrange for a lawyer? If you don't know a criminal defense lawyer in the area where you are arrested and have no lawyer in your home town who you would call, you may contact The Wisconsin Bar statewide Lawyer Referral Service at (800) 728-7788 or your county or city bar association for the name of a criminal defense attorney on the local referral list. Any attorney you contact will be happy to discuss fees with you and give you some idea of the cost involved. If you cannot afford a private defense lawyer, you should advise the judge of this fact at your first appearance or as soon after that as possible. The judge will ask you some questions to see if you are eligible for the services of an attorney at public expense. You will probably be asked to take an oath of indigency, which is a sworn statement as to your inability to afford a private attorney. How are you released? You may be released upon personal recognizance (your promise to appear in court when directed), or you may be released on bail, which involves the posting of either cash money or a surety bond as security for your court appearance. Bail bonds from licensed sureties are usually available at a cost of 10 percent of the amount of the bail. If you are taken into custody and booked into the jail and remain there, you must be brought before a magistrate within 24 hours of your arrest. At that appearance, you may request that the magistrate lower your bail in consideration of your ties in the community, financial resources, employment record or any other factors, including your past criminal record and your past history of failure to appear in court when scheduled. Upon arrival at the jail or shortly thereafter, you will be given an opportunity to contact your attorney. The attorney, in turn, may arrange for the posting of a bond and may appear with you in court and ask the court to lower the bail if it is believed to be excessive under the circumstances. What is the Criminal Law? The criminal law sets the acceptable limits of conduct in society. Everyone is expected to obey the criminal law under the penalty of punishment. The criminal law generally does not require you to perform an action; rather, it forbids an unlawful action. The State of Wisconsin and the federal government have their own set of criminal laws. Criminal law consists of the criminal laws themselves and the law of criminal procedure. The criminal law consists of the legal rules defining criminal conduct and how it is punished. Criminal procedure consists mainly of the procedures used to prosecute a crime and the rights of the defendant. Criminal laws must precisely define the conduct that they prohibit so that a person of average intelligence can understand the forbidden conduct and conform their behavior to the law. A criminal law that is difficult to interpret is unconstitutional and unenforceable. What is a Crime? A crime is a wrong committed by a person against a state or the federal government, because a wrong is committed against all members of the community, not just the particular victim, the victim does not make the decision to prosecute the accused person. The state or federal government, acting as the people's representative, prosecutes the crime. A crime is punishable by imprisonment, fine, restitution, or other penalty. Actions that are crimes are also covered by the civil law of Torts. A person, who is injured by an action constituting a crime, may bring a civil lawsuit to obtain damages from the person who committed the criminal act. What Are the Different Types of Crimes? Under the common law (judge-made law) inherited from England, crimes are divided into two main categories - felonies and misdemeanors. The distinction between them is based on the crime's seriousness and on the length of punishment. Felonies are crimes generally punishable by more than one year's imprisonment. You have the right to a jury trial when charged with a felony crime. The common law felonies include murder, rape, robbery, burglary, kidnapping, and treason. Misdemeanors are crimes generally punishable by less than one year's imprisonment. You have the right to a jury trial when charged with a misdemeanor if the crime is considered serious enough to warrant a jury trial. The State of Wisconsin classifies crimes by felony / misdemeanor and then degree. There are five degrees of felony crimes: capital, life, first, second, and, third degree. Capital felonies, punishable by death, include the most serious crimes like murder and sexual battery on a child less than twelve years of age. Life felonies are punishable by a maximum of life imprisonment and include burglary with a battery, certain trafficking offenses, and second degree murder. A first degree felony is punishable by a maximum of thirty years in prison, a second degree felony-- fifteen, and a third degree felony--five years. Misdemeanors are either first or second degree. A first degree misdemeanor, like simple battery for example, is punishable by a maximum of one year in the county jail. A second degree misdemeanor is punishable by sixty days maximum. What Are the Sources of Criminal Law? The Wisconsin State Legislature and the U.S. Congress enact criminal laws. In states having a common law system, state courts make criminal law based on the common law (judge-made-law) inherited from England. The current trend in Wisconsin is to transfer the development of criminal law from court to legislature. State Criminal Laws Traditionally, crime is considered a matter of state rather than federal concern. Because of this, most ordinary crimes are covered by state criminal laws. For example, a burglary that took place within the state, committed by local residents, is covered by state criminal laws and ordinarily will be prosecuted by local prosecutors. Federal Criminal Laws Congress does enact criminal laws in areas falling within the federal jurisdiction set out in the U.S. Constitution and concerning federal matters. Congress has enacted federal laws dealing with federal property, federal employees, federal taxes, receipt of federal benefits, and federally guaranteed civil rights. For example, it is a federal crime to rob a U.S. Post Office or to assault a federal employee. Additionally, there are significant federal criminal laws covering matters dealing with interstate commerce. If interstate commerce is involved, these laws make ordinary criminal conduct covered by state laws a federal crime. Interstate commerce may involve the use of interstate means of communication (telephone, telegraph, or the U.S. Mail) in committing the crime. What Are the Elements of a Crime? Basic Elements Crimes (except for strict liability crimes) have two basic elements: the guilty mind and the guilty act. The technical terms for these elements are their Latin names: "mens rea" meaning "guilty mind" and "actus reus" meaning the "thing done." Generally, a crime is committed when a person commits a guilty act accompanied by a guilty mind. Specific Elements Crimes also have specific elements that are contained in the definitions of a crime. For example, a murder is an intentional killing of a human being. The elements are that the accused must have (1) purposely or knowingly (2) caused a death (3) of a human being. To obtain a conviction, the state must prove all of the elements of a crime beyond a reasonable doubt.
4. Murrell, Jeff: If you are arrested . . . Do not make any statements about what you are being accused of, with whom you have been speaking, about any of your activities, friends, business associates or anything other than the personal identification info needed to process you. Be polite and courteous to the law-enforcement officers arresting you, give them your full name, date of birth, address, etc., but do not tell them what you were doing before they arrested you or anything else. If you are arrested for OWI / BAC (Operating While Intoxicated and/or driving with a Prohibited Blood-Alcohol Content), do not refuse the test or you can be charged separately for that, too! But be assertive in demanding an attorney immediately and frequently. Make sure you tell them "I WANT A LAWYER!" - don't ask them if they think you need a lawyer, and don't say something weak and ambiguous like, "I think I need a lawyer" or "I'd like an attorney." Make it crystal clear that you want a lawyer NOW.
5. VanWagner & Wood: Being arrested for drunk driving can be a terrifying experience, particularly if you have never been arrested previously. If that is the case in your situation, then this was your very first drunk driving arrest, which means it is your first OWI offense.
6. Rypel & Yasin: Drunk Driving Charges Can Happen to Anyone Drunk-driving charges turn normal, hardworking, and upstanding citizens into "criminals." You are probably worried about your reputation, how you will recover from the stigma attached to your charge, and certainly upset about the possibility of jail time. A drunk-driving charge can happen to anyone who got behind the wheel without knowing how much they had to drink. You may not have known that you were actually above the limit when you started the car. Many people forced to defend a drunk-driving charge feel stigmatized for making this one bad decision. A drunk-driving charge can happen to anyone. You can be charged with drunk-driving even if you were NOT drunk.
7. Pecora, Mark: WHY I SHOULDN'T JUST GO WITH ANY ATTORNEY As is true with all criminal charges Ð Drunk Driving is the single most important area to seek experienced and competent representation that is dedicated and focused on this area of the law. The drunk driving laws and the penalties for a conviction are changing drastically in Wisconsin. The legislature is gearing up to criminalize first offences and require jail sentences. This charge carryÕs with it permanent legal, financial and emotional ramifications. You should hire an attorney that has both experience and has dedicated his practice to criminal defense and drunk driving. Many firms will dabble in this area to increase their client base and collect what they perceive as easy money. Your Dui lawyer should be willing to file the motions and set the cases for trial to insure your record and your reputation is protected.
8. Mahany & Ertl: DRUNK DRIVING (OWI) Wisconsin's judges are cracking down on those convicted of drunk driving. Penalties involve significant fines, loss of driving privileges and hefty insurance surcharges. Often, a conviction also means jail. If you are arrested or charged with OWI, you NEED legal representation.
9. Kohn & Smith: Many lawyers claim that they practice criminal defense. However, often-times criminal defense is only one part of their practice in addition to doing personal injury, divorce and business litigation.
10. Gasparri & Joyce: have realistic expectations and a precise understanding of the proceedings
11. Piel Law Office: PIEL LAW OFFICE Administrative Suspension Hearing HomeAbout My OfficeAttorney Walter Piel, Jr.Success StoriesImportant InformationBAC CalculatorAppointmentsContact Me If you submit to a chemical test of your blood, breath or urine, and if the test result is over .08 (for a 1st, 2nd, or 3rd offense) or .02 (for a 4th or 5th) or if there is any detectable amount of an restricted controlled substance in your system, the officer should provide you with a document entitled Notice of Intent to Suspend Operating Privileges Temporary Driving Permit. This is the administrative process that is started by the Department of Motor Vehicles. In this situation, clients have the right to ask the Department of Motor Vehicles to conduct an Administrative Suspension Hearing. The Notice of Intent to Suspend outlines the procedures for demanding the Adminstrative Suspension Hearing. Thus, this document is very important. In short, the Notice tells you that you have 10 or 13 days from the Notice date to demand an administrative suspension hearing. You have 10 days if the officer provided you with the notice in person or 13 days if the officer mailed the notice to you. For purposes of the adminstrative suspension hearing, only business days count. The hearing is demanded by filing the Administrative Review Request form. The officer should have provided this form to you. If you fail to timely demand the administrative suspension hearing, your license will be administratively suspended for 6 months. That suspension would start 30 days from the date on the Notice of Intent to Suspend Operating Privileges. The administrative suspension hearing is an important part in fighting a drunk driving charge. It is a key opportunity to gather information related to the offense. You are allowed to obtain the police reports prior to the hearing, subpoena officers to the hearing, question the officers and tape record the hearing. In my experience, I have won cases based in part on the information that was obtained at the administrative suspension hearing. Therefore, exercising your right to this hearing is critical.
12. Ohiku, Odala: Embezzlement , Homicide , Parole and Probation , Drunk Driving / DUI / DWI , Drug Crimes , Police Misconduct , Theft , Sexual Abuse - Criminal , Serious Auto Crimes , Juvenile Crime , Record Sealing or Expungement , Environmental Violations , Misdemeanors , Gun Possession , Securities Fraud , Child Abuse - Criminal , Assault and Battery - Criminal , White Collar Crime , Criminal Fraud , RICO , Criminal Law , Vandalism , Speeding and Moving Violations , Felonies
13. Sweeney Law Group: Do you feel ignored by the attorney you have had in the past. Does he or she get to court and not even know whether you are in custody or not? This happens more than you would like to think. At Sweeney Law Offices we only take cases that we know we can devote the proper time to. Attorney Sweeney gives you the personal attention and expertise that you need when you have been accused of a crime. WHAT TO DO IF YOU ARE STOPPED BY THE POLICE: 1. Cooperate but do not give up your rights a. Give the Police your name and address 2. If they ask to search your house or car, tell them (politely) that you would prefer if they got a warrant. 3. Write down the Officer's Names and Badge Numbers 4. DO NOT RESIST ARREST- Even if you are innocent, you will only create an additional charge of "Resisting Arrest." WHAT TO DO IF YOU ARE ARRESTED: 1. Cooperate with the police (non-verbally) 2. Give your Name, Address, and Phone number of close relative for Bail purposes. 3. Do not answer any other questions. 4. When you use the phone, do not talk about your case, the call is recorded. 5. Call your attorney. WHAT TO DO IF YOUR FAMILY MEMBER OR BOYFRIEND IS ARRESTED: 1. If you are there when they are arrested: a. Write down the Officer's Names and badge numbers b. Write down the place and time of the arrest. c. Ask what charge your family member/ boyfriend is being held for and where they are taking them. d. Call their attorney. e. Be prepared to bail them out. 2. If you are not there when they are arrested: a. Wait for the phone call i. Do not discuss the specifics of the incident on the phone (it is recorded) b. Contact their Attorney for them. c. Be prepared to bail them out.
14. Courtney & Moulter: After being stopped and cited for a moving violation, many people simply choose to pay the fine and move on with their lives. The problem is that, in addition to the likelihood that your insurance premiums will be raised, accepting the ticket puts points on your driving record. This places you closer to losing your license if you end up in the wrong place at the wrong time on just a few more occasions.
15. Edward Hunt: Your liberty is EVERYTHING! Retaining a well respected and experienced lawyer is perhaps the most important decision in ensuring that government will not deprive you of your liberty.
16. Ritter, Rypel & Yasin: Drunk-driving charges turn normal, hardworking, and upstanding citizens into "criminals." You are probably worried about your reputation, how you will recover from the stigma attached to your charge, and certainly upset about the possibility of jail time. A drunk-driving charge can happen to anyone who got behind the wheel without knowing how much they had to drink. You may not have known that you were actually above the limit when you started the car. Many people forced to defend a drunk-driving charge feel stigmatized for making this one bad decision. A drunk-driving charge can happen to anyone. You can be charged with drunk-driving even if you were NOT drunk.
17. Zell Peterson: Traffic citations, and other problems with your license, can be annoying and time consuming. Traffic tickets can cause points to be assessed against your license and insurance costs to rise. If your license is suspended or revoked, it can be difficult to find the right answers for fixing the problem.
18. Kohler & Hart: You should consult an attorney for advice regarding your individual situation.
19. Reddin & Singer: operating a vehicle while intoxicated (OWI) is a serious charge. If you are found guilty, the consequences can include substantial jail or prison time, huge fines, and loss of driving privileges. A conviction for OWI can impact your family, your job, your insurance and the overall quality of your life. An experienced traffic defense attorney can evaluate the facts of your case to help you determine whether evidence can be suppressed or other legal remedies utilized to assist you in defending your case. If you were required to submit to field sobriety tests, breath tests or blood tests, a lawyer may be able to assist you in having those test results suppressed. If a conviction is inevitable, ... lawyers can help you make the best sentencing presentation to lessen the consequences.
20. Reitz, Mandelman & Lawent: The practice of criminal law defense demands a high degree of experience and expertise. In many cases personal liberty and freedom may be at stake. A clear understanding and knowledge of both the applicable law and procedural issues are critical. Criminal representation is more than providing an effective defense. It is the protection of individual rights and the assurance of fair and equal treatment within our system of justice.
21. Jeffrey Jensen: When you have been arrested for operating under the influence you have "impliedly consented" to a chemical test for alcohol. If you refuse the test you will be charged with illegally refusing and this may result in a significant additional revocation of your driver's license. Moreover, the appellate courts have approved of drawing blood against a suspect's will under certain circumstances. That is, if you refuse you may be strapped down and the blood drawn anyway. You do not have the right to consult an attorney prior to deciding whether you will voluntarily submit to a chemical test.
22. Andrew Mishlove: Drunk driving law and procedure is different in every state. The law and technology of drunk driving prosecution, like everything else around us, is changing very rapidly.
23. Pamela Pepper: Prosecutors have very broad discretion in deciding whether, when and how to charge a criminal case. If they do not believe that there is sufficient evidence, in a legal sense, to charge someone, they have the discretion not to charge. If they believe that the evidence supports six different charges instead of one, they can charge six. If they believe that one person is less responsible than another person, they can give the less-responsible person lesser charges. All of these decisions are within the prosecutor's discretion. There are times when the prosecutor's decision to prosecute one person and not another, or to prosecute a person with a felony instead of a misdemeanor, seems very unfair to the person charged. In most instances, this exercise of the prosecutor's discretion is not a defense for the person who is charged; at some point, that person still has to deal with whether or not there is enough evidence to convict him or her.
24. Sperling Law Office: If you are facing a drunk driving charge (known as OWI (operating while intoxicated), DWI (driving while intoxicated) or DUI (driving under the influence) you need to act FAST!
25. Birdsall Law Offices: The State must show that you were drunk at the time of driving, quite often the test is taken a few hours later and, if you had consumed alcohol just before driving, the test would be higher than your actual level when driving. But this can also work against you - you may have had a higher alcohol level in your blood when you actually drove.
26. Craig Mastantuono: A client must feel comfortable with his or her lawyer, be able to communicate with that lawyer, and be confident that the lawyer knows what he or she is doing. Ask questions about the lawyer's experience in criminal law and with the specific charge. Ask about specific defense tactics and strategies in your case. Ask if the lawyer is comfortable in the specific court or with the specific prosecutor. Satisfy yourself that the lawyer understands you, understands your case, and knows what to do to advocate on your behalf. Discuss specific fee arrangements - these should be explained fully to you, preferably in writing.
27. MGM Law: Over 1.5 million drivers each year is charged with OWI/DWI. Don't plead guilty to OWI/DWI without knowing all your legal rights. You have the right to an attorney. Handling an OWI/DWI situation on your own is like walking on a tight rope without a net below. Yes, you might make it across unscathed. But, you might fall.
28. Raymond Law Office: Drunk driving is also known as operating a motor vehicle while under the influence of an intoxicant, OMVWI, OWI, DWI, DUI. We will uniformly refer to it as OWI because that is how Wisconsin courts, prosecutors and the Motor Vehicle Department refer to it. The offense of OWI is defined by law as operating/driving a motor vehicle on a highway or other areas held open to the public while your ability to operate/drive is impaired because of the consumption of alcohol, other drugs, prescription medications or a combination thereof. Your ability to operate/drive has to be impaired to the extent that you cannot safely operate a motor vehicle. You should also know what drunk driving is not. It is not simply drinking and driving. That is not necessarily illegal. What is illegal is drinking to an extent that it impairs your ability to safely operate a motor vehicle.
29. Hayes Rothstein: The law requires suppression of the original breath sample result as a penalty when a driver's request for an alternate test is not met by law enforcement.