A DUI conviction in Wisconsin will result in a minimum of one year disqualification of your CDL. Anyone who drives for a living nows how important maintaining a commercial drivers license (CDL) is. A CDL can be the means of your employment and your career. Losing your license or even a temporary disqualification will likely mean losing that employment, your job, and your career.Read more “The Effect of a DUI on a CDL in Wisconsin”
Can I be charged with an OWI in a parking lot?
Yes, you can be charged with an OWI if you are found to be driving under the influence of an intoxicant while in a private parking lot. Wisconsin Statute § 346.61 states the following:
The average jail sentence for a second offense DUI in Wisconsin is approximately 45 days in jail. Every case is different and the ultimate jail sentence will depend on the facts of your case, your blood alcohol level, and potentially, the attorney you hire to represent you. A second offense DUI, unlike a first offense, comes with mandatory jail sentence. That means if you are convicted you will have to serve anywhere from a minimum of five days jail to a maximum of six months jail. There is no way around this if you are convicted of a second offense in Wisconsin.
Beginning December 1, 2018 a charge and conviction for a 4th offense OWI (OWI and DUI mean the same thing) in Wisconsin will result in a lifetime revocation of your driver’s license. That’s right, you will permanently lose your driving privileges if you are convicted of four OWI-Related offenses during your lifetime. This law will apply to all fourth and subsequent offenses. This is a significant change to already serious consequences for a felony OWI conviction.
Hiring a Lawyer for a First Offense OWI in Wisconsin can save you Time, Money, your Driver’s License, and potentially your Job
Any time you face potential civil or criminal penalties it is recommended that you retain the services of a qualified attorney. This is true for any OWI offense including a first offense OWI. Now as a criminal defense attorney who focuses a lot of energy on OWI defense I may be biased in my opinion. Similarly, you may have a friend who claims they handled their drunk driving case themselves. Is it possible to “go it alone” on your first offense OWI, yes, is it recommended, absolutely not. Below are
Frequently Asked Questions about DUIs in Wisconsin
Do I have to answer the officer’s questions when pulled over?
When law enforcement pulls someone over there are certain questions that person needs to answer and other questions that do not. Upon request you should answer and provide documents indicating your name, address, car insurance, license and registration. These are all common questions during a traffic stop. Outside of these common traffic stop questions, you are not legally required to answer any other questions. This is especially true for such questions as “have you been drinking” or “where are you coming from.” Although refusing to answer questions may delay the traffic stop, what you say may be used against you.
What is a Preliminary Breath Test?
A preliminary breath test (PBT) is a test used by law enforcement to determine whether or not an individual is intoxicated. For the most part, PBTs are used in OWI investigations. Knowing the purpose of this test and how it can be used against you is important.
OWI Defense Starts with Challenging the Standard Field Sobriety Tests in Wisconsin OWI Cases
Any OWI defense attorney will tell you that a big part of an officer’s decision to arrest you is the field sobriety tests they ask you to perform. So obviously, an aggressive OWI defense includes challenging those tests. Anyone who has had the pleasure of taking these tests knows the difficulty in “passing” them. Although the filed sobriety tests do not seem overly difficult, they are very subjective. That means your ability to properly complete the FSTs is open for interpretation.
A conviction for a DUI in Wisconsin stays on your record and will always be there. Specifically, any drunk driving offense after 1989 counts towards your lifetime total when it comes to DUI penalties. If you go ten years without a DUI, your next DUI will be counted as a first offense for penalty purposes. This is called a second first offense. However, that only applies for your second offense DUI. After two DUIs, no matter how long in-between convictions, your lifetime convictions are counted for penalty purposes.
- You improperly refused to submitted to a chemical test of your breath, blood, or urine;
- Your BAC was over .15; or
- You have a previous OWI related conviction.