Waukesha & Milwaukee Drunk Driving Defense Attorneys
In Wisconsin, a person may be charged with Operating Under the Influence of Intoxicants, a Controlled Substance, or With a Prohibited Alcohol Concentration if:
- The person drove or operated a motor vehicle on a public highway; and
- The person was under the influence of an intoxicant or controlled substance at the time the person drove or operated the motor vehicle; or,
- The person had a prohibited alcohol concentration at the time the person drove or operated the motor vehicle.
*A public highway is any public street, alley, road, highway or thoroughfare of any kind, except waterways, in this state while open to public travel and use.
* Under the influence of an intoxicant means the person s ability to drive is impaired by alcohol, controlled substances or or other intoxicants.
*Prohibited Alcohol Concentration varies depending on the number of prior drunk driving convictions, revocations or suspensions counted under Wisconsin Statute § 343.307(1):
- An alcohol concentration of 0.08 or higher, if the person has 2 or fewer counted prior DUIs
- An alcohol concentration of 0.02 or higher, if the person is subject to an ignition interlock order or has 3 or more counted prior drunk driving offenses.
FAQ: Wisconsin Drunk Driving Offenses
Wisconsin DWI offenses may be a misdemeanor drunk driving offense or a felony, depending on the number of prior convictions. The sentencing penalties for drunk driving are as follows:
If you ve been arrested or charged with a Wisconsin DUI, you need an experienced Milwaukee DUI attorney to represent you. A Milwaukee DUI lawyer at Gamiño Law Offices, LLC is prepared to zealously litigate and win motions to suppress illegal stops and seizures of suspected drunk drivers without probable cause, challenges to the number of prior DUI convictions counted for purposes of sentencing, implied consent refusal hearings based on failure to submit alcohol testing by law enforcement, and OWI jury trials anywhere in southeastern Wisconsin. If you have been charged with drunk driving in Wisconsin and are facing a charge of operating while intoxicated (OWI), operating with a prohibited alcohol concentration (PAC), or driving under the influence of alcohol or an intoxicant (DUI) in Milwaukee, Waukesha, or southeastern Wisconsin, our Milwaukee DUI attorneys are ready to fight for you. Whether this is your first offense drunk driving, or your 10th, a charge of operating under the influence of a controlled substance or a felony DUI causing injury, the best Milwaukee DUI attorney at our firm will provide a vigorous defense against your charges.
*Free Initial Consultations for Wisconsin DUI Charges
*Flat Fee Agreements and Payment Plans Available
For more information about a Milwaukee DUI lawyer in Waukesha or other needs for a criminal criminal defense lawyer in Milwaukee or Waukesha, please contact us today! Also visit our informative criminal law resources in Wisconsin page.
Drunk driving related accidents and injuries are in the news daily. Lawmakers are constantly reviewing OWI regulations and penalties, and there is endless debate about increasing penalties in Wisconsin, including making first DUI convictions criminal offenses making misdemeanor offenses into felonies. Please do not drink and drive, even authorized BACs as low as .05 or less can impair your ability to safely operate a vehicle. Any impairment based on alcohol can subject you to drunk driving consequences. If you have had a drink and are considering operating a motor vehicle, the Wisconsin Department of Transportation provides a Blood Alcohol Concentration Calculator to estimate your BAC.
There are 16 active drug courts in Wisconsin, and Waukesha County created the first alcohol treatment court. The treatment courts were created in response to the serious community problem of repeat operating while intoxicated offenses. The purpose of the alcohol treatment court is to break the cycle of drunk driving, to improve their chance of a sober and healthy life, and to contribute to a safe community while under strict judicial and community supervision.
The program is comprised of 4 phases, with decreased intensity of services in the progressive phases. During each phase, participants must comply with routine court appearances, case management appointments, treatment requirements and random AODA testing. Treatment for participants consists of: assessment and treatment planning, individual and/or group
counseling for substance use and other issues, regular attendance at community self-help support meetings, and assistance with education, life skills, parenting, financial and employment issues.
Sanctions and therapeutic interventions will be imposed in response to non-compliance. Sanctions may include: time in jail with or without huber release, s tart current phase over or extend time spent in a current phase, phase demotion, increase frequency of court appearances and/or home/office visits, increase frequency of breath tests and/or urinalysis, increase intensity of treatment and/or re-enroll in treatment, increase self-help support meetings, community service hours, writing assignments, Electronic Monitoring System/SCRAM, or other individually tailored sanctions.
Positive reinforcement is provided for compliance in the program. Rewards may include: reduced time in jail, graduation to next phase, certificates of completion, encouragement and praise from the team, case called early during court sessions, longer time between court appearances, reduced meetings with case manager, gift certificates (restaurants, grocery stores, etc.), reduced drivers license revocation time.
If you have been arrested for drunk driving challenges to the validity of the blood alcohol concentration result; challenging the reliability of the blood, breath or urine alcohol tests chosen by the investigating officer and any requested or refused secondary tests by law enforcement are important litigation strategies in any drunk driving defense. Our experienced OWI defense lawyers have the tools and know the experts to effectively raising these issues during DUI trials. If you are alleged to have refused a blood, breath or urine test we can help! We understand that the police often perceive questions or fear about the tests as refusals. It is important to request refusal hearings to avoid automatic driver s licenses revocation after a drunk driving arrest for a violation of Wisconsin s implied consent law by refusing a BAC test. Additionally, if you refuse to take a requested blood alcohol concentration test, any driver s license revocation that is imposed as a result may be counted as a prior conviction for OWI if you are ever convicted of drunk driving related to another incident.
The police use field sobriety testing as a way to gather evidence to use against you in a trial if you are charged with operating under the influence or with a prohibited alcohol concentration. In our opinion, the tests are designed to make you fail – our drunk driving lawyers have participated in drunk driving defense training and law enforcement training on field sobriety tests where we have failed the tests while stone cold sober. If you participate in requested field sobriety testing, any mistake you make will be used to determine whether to arrest you and charge you with operating under the influence, and may become evidence in a future trial used to try to prove you guilty. However, if you refuse to take the test, your refusal may be used as evidence, with other factors, to support a decision to arrest you and request a sample of your blood, urine or breath to obtain evidence of the alcohol concentration in your blood. You need an aggressive drunk driving defense lawyer to hold the state to their burden to prove the police had a lawful basis to stop you and to request field sobriety or BAC testing. If you were stopped unlawfully, or if the police improperly continued to detain or arrest you, we will protect your rights in court to stop the state from being able to use the results against you at trial.
Alcohol and Drug Intervention and Treatment Resources in SE Wisconsin: