If you have been arrested for drunk driving in Wisconsin, it will be important for you to quickly familiarize yourself with Wisconsin’s drunk driving laws. Drunk driving convictions can have serious consequences; and, while you might have options for avoiding a conviction, leveraging these options requires a clear understanding of the law and how it applies to your specific circumstances.

Of course, you should also hire a drunk driving lawyer to represent you—and your lawyer will be able to explain everything you need to know. But, learning the basics before your free initial consultation will help ensure that you can work with your lawyer as effectively as possible.

What You Need to Know About Wisconsin’s Drunk Driving Laws

So, what do you need to know about Wisconsin’s drunk driving laws? Here are some of the basics:

OWI and PAC: Wisconsin’s Drunk Driving Offenses

While most states use the term driving under the influence (DUI), Wisconsin does not. Instead, Wisconsin’s drunk driving laws establish two different offenses: operating while intoxicated (OWI) and driving with a prohibited alcohol concentration (or PAC). Under Section 346.63(1) of the Wisconsin Statutes:

• Operating While Intoxicated (OWI) – “No person may drive or operate a motor vehicle while . . .[u]nder the influence of an intoxicant . . . to a degree which renders him or her incapable of safely driving.”
• Driving with a Prohibited Alcohol Concentration (PAC) – “No person may drive or operate a motor vehicle while . . . [t]he person has a prohibited alcohol concentration.” A “prohibited alcohol concentration” is 0.08 percent in most cases, though it is possible to face a PAC charge with a blood alcohol concentration (BAC) of just 0.02 percent in certain circumstances.

As you can see, under Wisconsin’s OWI statute, prosecutors do not need evidence of your BAC to secure a conviction. This means that you can be convicted of OWI even if you refuse the breath test or are unable to register a BAC reading. Generally speaking, OWI and PAC charges carry the same penalties under Wisconsin law, though having a significantly elevated BAC (0.15 percent or above) can enhance the penalties that are on the table in a PAC case.

Wisconsin’s Implied Consent Law

Another factor that can enhance the penalties you are facing is a violation of Wisconsin’s implied consent law. In fact, if you violate Wisconsin’s implied consent law, you can face penalties regardless of whether you are guilty of OWI or PAC. Wisconsin’s implied consent law states:

“Any person who . . . operates a motor vehicle upon the public highways of [Wisconsin]. . . is deemed to have given consent to one or more tests of his or her breath, blood or urine, for the purpose of determining the presence or quantity in his or her blood or breath, of alcohol . . . .”

Basically, if you drive on Wisconsin’s public roads, you give your implied consent to a BAC test if the police pull you over on suspicion of drunk driving. If you revise to take a BAC test, you can be charged with an implied consent violation, which can carry penalties including:

• A 12-month driver’s license suspension
• Mandatory ignition interlock device (IID) installation
• Mandatory alcohol assessment and treatment

But, while Wisconsin drivers need to comply with the state’s implied consent law, the police need to comply with the law as well. If the police did not fully comply with the law during your drunk driving stop, this could provide a defense in your case.

Wisconsin’s Drunk Driving Penalties

Regardless of whether you are facing an OWI charge or a PAC charge, you are facing steep penalties under Wisconsin’s drunk driving laws. Depending on the circumstances of your case, if convicted, you could face penalties including:

• Fines
• Surcharges
• Driver’s license suspension
• Mandatory IID installation or 24/7 sobriety program
• Jail time

Various factors can increase the penalties for OWI and PAC charges in Wisconsin as well. For example, if you caused an accident or had a minor under age 16 in your vehicle at the time of your arrest, this could increase the risks of your drunk driving case significantly.

Wisconsin’s Ignition Interlock Law

As discussed above, mandatory IID installation is a potential penalty for both implied consent violations and OWI/PAC charges. Under Wisconsin law, mandatory IID installation is required in some cases. Specifically, the judge must order mandatory IID installation if either: (i) your BAC was 0.15 percent or above; (ii) you have a qualifying prior drunk driving conviction; or, (iii) you refused to provide a BAC sample during your traffic stop.

Plea Bargaining in Wisconsin Drunk Driving Cases

While some states prohibit plea bargaining in drunk driving cases, Wisconsin does not. If you are facing an OWI or PAC charge and do not have a strong defense available (and do not qualify for diversion), then negotiating a plea bargain could be the best option for minimizing the consequences of your arrest. Before you seek a plea bargain, however, there are several important factors to consider, and you will want to ensure that you are making an informed decision based on the advice of an experienced drunk-driving lawyer.

Schedule a Free Consultation with a Drunk Driving Lawyer in Madison, WI

Do you need to know more about Wisconsin’s drunk driving laws? If so, we encourage you to contact us promptly. To schedule a free consultation with a drunk driving lawyer at Mays Law Office in Madison, please call 608-305-4518 or tell us how we can help online today.

If you are facing an OWI charge in Wisconsin, you are probably wondering what you can do to get your charge dismissed. Maybe you made a mistake, or maybe you didn’t, but regardless you want to know what you can do to get out of going to court and move on with your life.

So, how do you get an OWI dismissed in Wisconsin?

We need to start with a point of clarification: While it is possible to get an OWI charge dismissed before trial in some cases, there are no guarantees. Regardless of the facts of your case, a conviction is a very real possibility. It is up to you to fight your OWI charge; and, to learn about the options you have available in your case, you will need to speak with an experienced Madison OWI lawyer as soon as possible.

2 Options for Getting an OWI Dismissed in Wisconsin

While the options you have available depend on the unique circumstances of your case, there are generally three options for seeking dismissal of an OWI charge in Wisconsin. To be clear, we are talking about seeking dismissal before trial. Fighting your OWI charge at trial is always an option, and there are several defenses an experienced Madison OWI lawyer may be able to assert on your behalf in court.

With this in mind, the options for getting an OWI charge dismissed before trial in Wisconsin include:

Option #1: Keep the Prosecution’s Evidence Out of Court

One option is to keep the prosecution’s evidence out of court. If prosecutors cannot use their evidence against you, they won’t be able to meet their burden of proof—and you should not have to stand trial.

Keeping the prosecution’s evidence out of court involves proving that the police or prosecutors violated your constitutional rights. If the police violated your constitutional rights, any evidence that they obtained in violation of your rights can be deemed inadmissible in court. If prosecutors violated your rights, their violation may have made it impossible for you to receive a fair, speedy, and impartial trial.

Some examples of potential constitutional violations in OWI cases include:

• The police pulled you over without reasonable suspicion
• The police arrested you without probable cause
• The police failed to read your Miranda rights before interrogating you
• Prosecutors have withheld evidence that is relevant to your defense
• Prosecutors have engaged in other misconduct depriving you of your rights

If the police or prosecutors have violated your constitutional rights—and if you can prove it—you may be entitled to dismissal of your OWI charge. When you hire an experienced Madison OWI lawyer to represent you, your lawyer will determine whether your constitutional rights have been violated; and, if so, your lawyer will determine what this means for your case. While constitutional violations can warrant dismissal in some cases, in others the judge may find that the violation does not preclude a fair trial.

Option #2: Show that the Prosecution’s Evidence Doesn’t Prove Your Guilt Beyond a Reasonable Doubt

Even if the prosecution’s evidence is admissible in court, an experienced Madison OWI lawyer may still be able to help you secure a dismissal by showing that the prosecution’s evidence doesn’t prove your guilt beyond a reasonable doubt. “Beyond a reasonable doubt” is the burden of proof in any criminal OWI (in Wisconsin, any 2nd or greater offense), and it is up to the prosecution to meet this burden. As a defendant, you do not have to prove anything at trial. Prosecutors will present their case first; and, if they don’t meet their burden of proof, you will be entitled to an acquittal without needing to present any evidence in your defense.

This also means that you can seek dismissal before trial if prosecutors don’t have the evidence they need to secure a conviction. If the prosecution’s evidence is lacking, there is no reason to waste your time—or the court’s time—with a trial. During the early stages of your case, your lawyer will be able to learn what evidence prosecutors have in their possession (unless they improperly withhold evidence), and then your lawyer will be able to use this information to determine whether a motion to dismiss is warranted.

What About Negotiating a Plea Bargain?

What about negotiating a plea bargain? This is an option in Wisconsin OWI cases, and negotiating a plea bargain can save you from an OWI conviction. However, your “plea” will still involve accepting responsibility for a violation of Wisconsin law—usually reckless driving. As a result, while this can also be a good option in some cases, here too, you will want to be careful to ensure that you are considering all of the options you have on the table.

Discuss Your Options with an Experienced Madison OWI Lawyer in Confidence

Are you facing an OWI charge in Wisconsin? If so, we encourage you to contact us for more information. To discuss your case with an experienced Madison OWI lawyer in confidence, call 608-302-6614 or request a free consultation online today.

If you have been charged with operating while intoxicated (OWI) in Wisconsin, should you testify in court? Or, is it better to stay silent and rely on other means of defense? Just like requesting a jury trial—which we discussed in last month’s post—the short answer is, “It depends.”

Understanding Your Right to Testify in Wisconsin

First, let’s talk about your right to testify. When you are facing an OWI case in Wisconsin, you have the right to testify in your own defense. You have the right to take the stand, and you have the right to explain what happened from your point of view—with the goal of convincing the judge or jury that a “Guilty” verdict is not warranted.

Whether you take the stand is completely up to you. While you have the right to testify if you choose to do so, the prosecution cannot force you to face the judge or jury under oath. However, if you choose to testify, then the prosecution does get the right to conduct a cross-examination. You can assert your privilege against self-incrimination during cross-examination, but you cannot refuse to answer prosecutors’ questions entirely.

When Does It Make Sense to Testify in an OWI Case?

With this in mind, when might you want to testify? Testifying can make sense in various circumstances. For example, it may be worth testifying in your OWI case if:

• You Need to Set the Record Straight – If you made self-incriminating statements during your OWI arrest, taking the stand could provide an opportunity to set the record straight. Did the arresting officer ask confusing questions? Did you get flustered? Did you feel pressured to say something that you didn’t mean? If prosecutors are already planning to use your own words against you, then testifying could make sense.
• You Weren’t Driving Under the Influence – If you are absolutely certain that you weren’t driving under the influence, then you don’t have anything to hide. While you will still need to be thoroughly prepared to deal with the prosecution’s cross-examination, this could be a situation in which it makes sense to testify as well.
• The Prosecution’s Evidence is Limited – It could also be worth taking the stand if the prosecution’s evidence is limited. For example, if the prosecution’s case largely hinges on your arresting officer’s testimony, telling your side of the story could be enough to convince the judge or jury that the prosecution hasn’t proven your guilt beyond a reasonable doubt.

It won’t always make sense to testify in these scenarios—and these aren’t the only scenarios in which it may make sense to testify on your own behalf. Rather, these are examples of situations in which it may make sense to take the stand in some cases. Due to the potential risks involved with taking the stand, you need to make an informed decision about whether to testify, and this means that you should discuss your case with an experienced OWI defense attorney.

Why Wouldn’t You Take the Stand in Your Own Defense?

Now that we’ve covered some of the scenarios in which it can make sense to testify, why wouldn’t you take the stand in your own defense? Simply put, taking the stand can be risky. As you evaluate your options, it will be important to consider factors such as:

• You Might Not Perform as Well as You Expect To – Almost everyone gets nervous on the witness stand. No matter how much you prepare, and no matter how confident you are in what you are planning to say, testifying under oath when you have a lot at stake can be overwhelming. If you say the wrong thing, or if you come across as being scared or nervous, this could have adverse consequences for your defense.
• You Will Need the Judge or Jury to Believe You – While some forms of evidence are undeniable, testimony is not. No matter how honest you are on the stand, there is a chance that the judge or jury simply won’t believe you. If this happens, testifying could have the opposite of its intended effect.
• Testifying Means Submitting to Cross-Examination – As we mentioned above, if you choose to testify, you will be subject to cross-examination. Many prosecutors are very good at what they do, and they know how to get defendants to contradict themselves and say things that make them appear untrustworthy.

Taking the stand can entail other risks as well. Understanding the specific risks in your case requires a careful look at the facts involved. Once again, an experienced OWI defense attorney can help, and we strongly recommend speaking with an attorney before you make any decisions about how to approach your case.

What Are Your Options if You Don’t Testify?

Let’s say you choose not to testify. If you don’t take the stand, what can you do to fight your OWI? While the options you have available depend on the facts of your case, some examples of potential options include:

• Seeking to have the prosecution’s evidence excluded from trial based on a lack of reasonable suspicion or probable cause.
• Challenging the reliability of your field sobriety test (FST) results or your blood alcohol concentration (BAC) reading.
• Showing that the prosecution’s evidence is insufficient to prove all elements of your OWI charge beyond a reasonable doubt.
• Negotiating a plea bargain that reduces your OWI to a reckless driving charge (commonly referred to as a “wet reckless”).

Discuss Your Case with an OWI Defense Lawyer at Mays Law Office in Madison, WI

Do you have questions about testifying in your Wisconsin OWI case? If so, we invite you to contact us for a free and confidential consultation. To discuss your case with an experienced OWI defense lawyer in Madison, give us a call at 608-305-4518 or tell us how we can reach you online today.

ATTORNEY STEVE MAYS WINS FOR HIS CLIENT CHALLENGING THE VALIDITY OF FIELD SOBRIETY TESTING (SFST)

Attorney Steve Mays got the OWI charge (operating while under the influence) dropped for his Client M.E. when he challenged the lawfulness of the police officer’s Field Sobriety Testing performed on the scene of arrest.

ME was pulled over due to his vehicle registration being expired. In his report of the incident, the arresting officer indicated that he detected an odor of intoxicants and noticed ME had bloodshot eyes. He further suggested that ME initially handing him a credit card when he was asked to provide his driver license was a sign of possible alcohol impairment. When asked to provide proof of insurance, ME “grabbed a bunch of papers but fumbled through them.” The officer further viewed this as evidence of impairment. When asked if he had been drinking, ME responded that he had consumed one beer approximately four hours prior. Based on these observations, the officer asked ME to exit his vehicle to perform standardized field sobriety testing (SFST).

Standardized Field Sobriety Testing is comprised of a battery of three (3) standardized tests: the Horizontal Gaze Nystagmus (HGN), the Walk-and-Turn (WAT), and the One-Leg Stand (OLS). These tests are designed to evaluate a person’s balance, coordination, and cognitive function—skills often impaired by alcohol consumption. This battery of three tests was developed after many, many national studies by the National Highway Traffic Safety Administration (NHTSA).

1. Horizontal Gaze Nystagmus (HGN): The HGN test involves observing the involuntary jerking of the eyes as they gaze to the side. Alcohol consumption exaggerates this jerking, making it more pronounced at lower angles. Officers assess the smoothness of eye movement, tracking ability, and onset of nystagmus, providing insights into the level of intoxication.

2. Walk-and-Turn (WAT): In the WAT test, individuals are instructed to take nine heel-to-toe steps along a straight line, turn on one foot, and return in the same manner. Officers look for indicators such as the ability (or inability) to maintain balance, follow instructions, and perform the task accurately, all of which can be compromised by alcohol impairment.

3. One-Leg Stand (OLS): During the OLS test, drivers are asked to stand on one leg while keeping the other foot approximately six inches off the ground. Officers monitor the individual’s ability to maintain balance and count seconds as a measure of impairment.
While SFST’s are a widely accepted tool, they are not without criticisms and limitations. Critics argue that factors such as age, weight, physical condition, and nervousness can affect test performance, leading to false positives. Additionally, certain medical conditions, environmental factors, and even footwear can influence results, casting doubt on the tests’ reliability.

Furthermore, concerns about subjectivity in interpretation exist. Officers undergo training to administer and evaluate SFST’s, but human judgment remains a factor. Bias, unconscious or otherwise, could potentially influence the outcome of tests, raising questions about fairness and accuracy.

In this particular case, an environmental factor, as mentioned above, played a pivotal role in the success of ME’s defense. One such environmental factor which can interfere with the HGN in particular is flashing lights. Nystagmus is an “involuntary jerking of the eyes.” It is always present to some degree but is exacerbated by alcohol consumption. This manifests as what is known as “gaze nystagmus.” However, there are numerous other causes of nystagmus ranging from neurological disorders to vitamin deficiencies. The particular cause at play in this case was flashing lights, which can cause “optokinetic nystagmus,” something that law enforcement officers are not trained or qualified to distinguish from gaze nystagmus.

When the officer began the first test, the HGN, pursuant to his training, he deactivated his front facing flashing squad lights so as to not be a source for a potential false positive. However, before the test commenced, a second officer arrived on scene. He did not deactivate any of his flashing squad lights. Video evidence revealed that throughout the entire HGN test there were flashing lights directly in ME’s line of vision. ME’s performance on the other two standardized field sobriety tests revealed little, if any, indications of impairment. Nevertheless, the arresting officer requested that ME submit to a handheld preliminary breath test (PBT). Based on the HGN test and the PBT result, ME was placed under arrest for Operating While under the Influence of an Intoxicant as a third offense and taken into custody to perform an evidentiary chemical test of his breath, which unlike the PBT, is admissible in court.

Based on the video evidence Attorney Stephen Mays filed a motion to suppress ME’s arrest. Suppression is a remedy for a violation of one’s constitutional rights, in this case a violation of ME’s Fourth Amendment right to be free from unreasonable searches or seizures. Two issues were raised in this case. The larger issue was whether ME’s arrest was supported by evidence of impaired driving sufficient to rise to the level of probable cause. However within that issue is the secondary question of whether the evidence leading up to the PBT request met the lesser standard of “probable cause to believe” that ME was impaired, which is the standard of proof required by statute and case law before an officer is permitted to request a PBT (see: County of Jefferson v. Renz, 231 Wis. 2d 293, 316, 603 N.W.2d 541 (1999), which was also handled and argued by Attorney Mays in the Wisconsin Supreme Court).

In practice, what this means is that if the evidence prior to the PBT request was sufficient to make the request and the result is over the legal limit, in most cases this means that the arrest itself will be deemed supported by probable cause, and therefore, lawful. If not and the PBT result is suppressed, then it is axiomatic that the arrest itself was not supported by probable cause and everything that occurred after that point becomes inadmissible in court, most importantly the evidentiary chemical breath test.

When the motion was heard by the Court, Attorney Mays mercilessly cross-examined the arresting officer regarding the impropriety of administering an HGN test in the presence of flashing lights – which he claimed did not happen, until he was proven wrong when viewing the video in court – thereby introducing the possibility that what he observed may not have been gaze nystagmus at all. Ultimately, the officer was forced to admit that he did not administer the HGN in a manner consistent with his training and as required by NHTSA, and that the validity of that test was compromised as a result. Following briefing of the legal issues, as requested by the Court, the Court ruled that the arrest of ME was not supported by probable cause in violation of ME’s Fourth Amendment rights. As a result, the evidentiary chemical breath test was suppressed for use at trial. Deprived of its most significant piece of evidence, the State had no choice but to move to dismiss the case.

Attorney Steve Mays is an aggressive advocate for his client’s. He has more than two decades of experience winning for his client’s. He has a 5 Star Google review from his previous client’s. Charged with a crime? Do not hesitate to call Mays Law Office and talk to Attorney Steve Mays for a free consultation.

When you get charged with operating while intoxicated (OWI) in Wisconsin, the decisions you make early in your case can impact your life for years to come. This includes your decision regarding whether to request a jury trial. Unlike some states, Wisconsin affords the right to a jury trial to all OWI offenders. So, should you request a jury trial? The answer to this question depends on the circumstances of your case.

Understanding Your Right to a Jury Trial in a Wisconsin OWI Case

While you have the right to a jury trial in your OWI case, it is up to you to request a jury. If you don’t, a judge will hear the facts of your case instead. A judge will preside over your case either way; but, if you elect a jury trial, the judge’s role will be more limited (though the judge could still ultimately decide the outcome of your case, as we discuss below). When a judge hears the facts of your case, this is referred to as a bench trial.

In Wisconsin OWI cases, the jury has six members. Importantly, however, the six jurors do not need to reach a unanimous verdict to find you guilty. This is because an OWI is classified as a traffic violation instead of a crime. In OWI cases, it is enough if five of the six jurors agree that the prosecution has met its burden of proof.

Even though OWI isn’t a crime in Wisconsin, the prosecution’s burden of proof is still “beyond a reasonable doubt.” This means that at least five of the six jurors must be thoroughly convinced that you broke the law. Under Wisconsin’s OWI statute, this could mean that either: (i) you were driving under the influence; or, (ii) your blood alcohol concentration (BAC) was over the legal limit.

Why Should (or Shouldn’t) You Request a Jury Trial?

As we mentioned above, whether you should request a jury trial depends on the circumstances of your OWI case. To see why, we can look at some of the benefits of jury trials and the contrasting benefits of bench trials. Some of the benefits of having a jury hear your OWI case include:

• You get to play a role in the jury selection process
• If five or more jurors cannot agree that you are guilty, you won’t be convicted
• Jurors may be more sympathetic to your personal circumstances than a judge
• Before the jury deliberates, you can ask the judge to acquit you based on a lack of evidence (and, if the judge denies your motion, you still get the benefit of having a jury)
• Having a jury hear your case can provide additional grounds for appeal if you get convicted

In contrast, some of the benefits of having a judge decide the outcome of your Wisconsin OWI case include:

• If you have technical defenses that are not based on innocence, a judge may be better able to understand these defenses and render a just verdict
• If you are not a sympathetic defendant (i.e., if you are being accused of causing a serious accident while driving drunk), a judge may be more likely to render an unbiased decision
• Compared to jury trials, bench trials are relatively quick and inexpensive

Just because we’ve listed fewer benefits for bench trials, this doesn’t necessarily mean that a jury trial is always the best option—it isn’t. When deciding whether to request a jury trial, you need to make an informed decision based on what is likely to give you the best chance of a favorable outcome in light of all of the facts at hand.

3 Ways to Resolve Your OWI Case Without Going to Trial

While choosing to request a jury trial (or choosing not to request a jury trial) is an extremely important decision, it is important to keep in mind that going to trial isn’t necessarily your only option. Regardless of whether you exercise your right to a trial by jury, you may be able to achieve a favorable outcome without relying on a judge or jury to conclude that the prosecution hasn’t met its burden of proof.

How? Before your case goes to trial, you may be able to achieve a favorable outcome by:

1. Negotiating a Plea Bargain

While you generally shouldn’t accept a plea bargain if you have strong trial defenses available, if you don’t have strong trial defenses available, negotiating a plea can help to mitigate the consequences of your arrest.

2. Getting the Judge to Dismiss Your OWI Charge

Finally, in some cases, it will be possible to secure a dismissal before trial. If the prosecution’s evidence is inadmissible because the police violated your constitutional rights, or if some other facts or circumstances mean you don’t deserve to stand trial, an experienced OWI defense lawyer may be able to help end your trial before it begins.

Discuss Your Options with an OWI Defense Lawyer in Madison, WI

Are you wondering whether you should request a jury trial in your Wisconsin OWI case? If so, our lawyers can help you make an informed decision, and we can assert all available defenses on your behalf. To learn more in a free and confidential consultation, give us a call at 608-302-6614 or request an appointment online today.

When you get an OWI in Wisconsin, you have options for resolving your case. First, you can take your case to court. Alternatively, you can seek a plea bargain. While negotiating a plea bargain doesn’t allow you to keep a clean record, it does allow you to avoid the harshest consequences of an OWI conviction.

What is a Plea Bargain?

Before we talk about when you should consider a plea bargain, we first need to discuss exactly what it means to seek a plea bargain in a Wisconsin OWI case. There are three key aspects to plea bargaining in Wisconsin:

• Seeking a Plea Bargain Involves Negotiating with the Prosecutor’s Office – Seeking a plea bargain involves working with the prosecutor’s office. Prosecutors get paid to secure convictions, and they will fight vigorously to hold drunk drivers accountable. But, they also have substantial caseloads, and they have the authority to resolve cases via plea bargain when it makes sense to do so. As a result, plea bargaining will often be in both parties’ best interests, and leveraging this fact can help facilitate favorable plea negotiations.
• Accepting a Plea Bargain Means Pleading Guilty (or “No Contest”) to an Offense – While accepting a plea bargain allows you to avoid the harshest consequences of an OWI conviction, it still means pleading guilty (or “no contest”) to an offense. This means that you will have a conviction on your record—and this alone warrants careful consideration when deciding how to approach your OWI case.
• Accepting a Plea Bargain Means You Won’t Have to Go to Trial – When you accept a plea bargain, you don’t have to go to trial. Before you accept a plea, you will know exactly what penalties you will face, and you can use this information to make an informed decision. In contrast, the outcome of trial is never guaranteed, and an OWI conviction in court can have life-altering consequences.

Understanding how plea bargains work is essential for deciding how to approach your OWI case. If you accept a plea bargain, your options for appealing the outcome of your case will be limited, so it is critical to ensure that you are making informed decisions.

What Types of Plea Bargains Are Available in a Wisconsin OWI Case?

There are three primary types of plea bargains in Wisconsin. When deciding whether it makes sense to seek a plea bargain, you need to determine which type (or types) the prosecutor’s office will likely be willing to consider based on the facts of your case. In a Wisconsin OWI case, a plea bargain can involve:

• Pleading to a Lesser Offense (i.e., a “Wet Reckless”) – Many OWI plea deals involve pleading guilty (or “no contest”) to a lesser offense. In most cases, this involves accepting responsibility for reckless driving, which is commonly referred to as a “wet reckless” in this context.
• Pleading to OWI in Exchange for a Reduced Sentence – Another option is to plead guilty (or “no contest”) to OWI in exchange for a reduced sentence. However, due to the substantial consequences of having an OWI on your record, it will make more sense to plead to a lesser offense (if possible) in most cases.
• Pleading to One Charge in Exchange for Having Another Charge Dropped – If you are facing multiple charges as a result of your OWI arrest, a third option may be to plead to one charge in exchange for having another charge dropped. Just like the other options discussed above, when seeking this type of plea deal, it is critical to ensure that you have a clear understanding of the consequences involved.

While these are the basic structures of plea bargains in Wisconsin, individual plea bargains can be much more complex—and they may involve a combination of the above. If you decide to seek a plea bargain, you will need to work closely with your OWI defense lawyer to ensure that you are seeking a favorable deal in light of the facts at hand.

When Should You Consider a Plea Bargain After an OWI Arrest?

With this information in mind, when should you consider a plea bargain after an OWI arrest in Wisconsin? Deciding whether to seek a plea bargain requires a thorough assessment of all relevant facts and circumstances. As a result, it is critical to work with an experienced OWI defense lawyer who can help you evaluate your options.
When you speak with an experienced OWI defense lawyer about your case, your lawyer will help you consider factors such as:

What is Your Likelihood of Facing a Conviction at Trial?

There are several defenses to OWI charges under Wisconsin law. If you have strong grounds to fight your OWI charge, then accepting a plea deal may not be your best option.

What Can You Reasonably Expect from a Plea Bargain in Your Case?

Before seeking a plea bargain, it is also important to assess what you can reasonably expect from the process. If the facts of your case are such that the prosecutor’s office is unlikely to offer a favorable plea deal, you may be better off taking your case to court.

Request a Free OWI Defense Consultation at Mays Law Office in Middleton, WI

Do you need to know more about plea bargaining in Wisconsin OWI cases? If so, we encourage you to contact us promptly. To request a free consultation with an experienced OWI defense lawyer at Mays Law Office, please call 608-305-4518 or submit your information online today.