Waukesha DUI Lawyers
- Kuhary:
The crime of drunk driving is generally defined in two ways: (1) having
a blood alcohol content above the limit set by law, or (2) driving
under the influence of alcohol. To find a person guilty under the first
definition, a jury must be convinced beyond a reasonable doubt that the
person's blood alcohol content (BAC) exceeded a certain amount. In most
states the legal limit is .10 percent. Therefore, if it is proved that
the person's BAC at the time of the incident was .10 percent or
greater, he or she can be convicted of drunk driving, regardless of how
much alcohol was actually consumed. As a practical matter, one drink
would almost certainly not lead to a BAC of .10 percent or greater;
generally, a person needs to have five drinks in an hour to develop a
BAC of .10 percent. However, if there was something unique about the
person or the drink, or other circumstance, one drink could raise the
BAC above the legal limit.
In contrast, the second definition does not refer to any particular
BAC. It focuses on the driving behavior of the person; if it is
impaired by the person's consumption of alcohol, he or she can be found
guilty of drunk driving. Instead of presenting evidence of the BAC to a
jury, the prosecution seeking a conviction under this definition
generally presents testimony about the person's driving and consumption
of alcohol. A police officer will often describe the impaired driving
that lead him to pull the person over and the person's ability (or lack
thereof) to perform field sobriety tests, such as walking a straight
line. Evidence is also usually presented concerning the person's
consumption of alcohol and if the jury then concludes that the
prosecution has met its burden of proof, it will convict the person of
drunk driving. A susceptible person may exhibit impaired driving after
one drink and therefore be convicted of drunk driving.
- D'Angelo & Jones:
Penalties Associated with Drunk Driving
The following kinds of penalties are associated with a drunk driving conviction in the state of Wisconsin:
* First time offense: $150 to $300 fine; no jail; 6 to 9 month license suspension; eligible for occupational license to drive to and from work or school.
* Second offense: $350 to $1,100 fine; 5 days to 6 months in jail; 12 to 18 month license revocation; eligible for occupational license after 60 days. Ignition interlock device required to drive.
* Third offense: $600 to $2,000 fine; 30 days to 1 year in jail; 2 to 3 year license revocation; eligible for occupational license after 90 days. Ignition interlock device required to drive.
* Fourth offense: $600 to $2,000 fine; 60 days to 1 year in jail; 2 to 3 year license revocation; eligible for occupational license after 90 days. Ignition interlock device required to drive.
When an OWI Arrest Needs to be Challenged
Not all those arrested for drunk driving are guilty, nor are all OWI arrests carried out according to proper procedure. A police officer must first have reasonable suspicion to pull someone over. Secondly, a field sobriety test must be conducted according to a set, recognized procedure. Next, if a breathalyzer is used, the device must be properly calibrated and maintained to ensure accurate results.
Using dashboard camera video when available and eyewitness testimony, our attorneys have the resources needed to challenge OWI arrests. We look at the maintenance record of a breathalyzer to see if it was properly calibrated, review an arresting officer's actions in the field, and submit blood or urine samples to independent lab for testing if available.
Be Prepared, Be Informed, Be Aware
The best way to avoid a worse case scenario involving a drunk driving charge is to understand what is involved, how the court views cases like yours, and what you can do to prevent angering the court or prosecutor. As your lawyers, we will explore alternatives to harsher sentences when community service, alcohol abuse counseling and driver's training is available. We will advise and defend you to ensure you avoid making a mistake that could complicate your life even further.
- Ladd, Milaeger & Probst:
Wisconsin has one of the highest rates of drunk driving arrests in the nation, and police and prosecutors know it. If you have been charged with OWI or other alcohol-related traffic violation, you will be facing experienced prosecutors whose goals include putting you in jail and relieving you of your driving privileges. You will find that arguing that you need your car for your job and family may fall on deaf ears.
- Kuchler Law Offices:
A drunk driving charge can have very serious consequences. If convicted, you could lose your drivers license making it difficult to keep your job. Multiple arrests can lead to significant jail time. If you have been arrested for drunk driving, you need an aggressive lawyer who will fight to protect your rights and keep you out of jail.If your DWI charge is due to a 911 call, contacting us quickly will give us time to obtain the tape of the 911 call so we can establish if there was truly just cause for the police to stop you.
The punishment for driving drunk can be severe. You may escape jail for a first offense, but a second offense or a third offense can result in mandatory jail time. If you are charged five times, you face felony drunk driving charges.
- Huppertz:
Drunk Driving Laws in Wisconsin
In Wisconsin, there is technically no DUI – only OWI or DWI. Your
driver’s license is automatically revoked after an arrest. If you have
a commercial driver’s license (CDL), you will lose that license as
well, even if you have been accused of drunk driving in your personal
vehicle.
Even for a first offense or a juvenile conviction, the penalties for
drunk driving can be severe. If you are convicted of a DWI or OWI, you
could suffer the following:
- Possible jail or prison time
- Costly fines
- A permanent record
- Higher insurance rates
- License suspension or revocation
- Community service
- Alcohol treatment
- Probation
- Loss of your vehicle
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