While DUI charges carry steep penalties in Wisconsin, these aren’t the only potential consequences of a drunk driving arrest. Getting arrested for DUI can impact your life in a variety of other ways as well—especially if you are a licensed professional.

For physicians, pharmacists, registered nurses, attorneys, accountants, and other licensed professionals, DUI arrests can have serious implications for their careers. These arrests (like others) can trigger professional disciplinary action with potential outcomes ranging from reprimands to license revocation. As a result, a comprehensive and informed defense strategy is key, and licensed professionals must ensure that the decisions they make in their DUI cases do not put their licenses in jeopardy.

5 Important Considerations for Licensed Professionals Facing DUI Charges in Wisconsin

Here are five important considerations for licensed professionals facing DUI charges in Wisconsin:

1. You May Have an Obligation to Report Your DUI

Most professional licensing boards require that their members report DUIs promptly. Typically, this means separately reporting both your arrest and your conviction (if you accept a plea bargain or get convicted in court). 

2. DUI Arrests Can Lead to Professional Discipline Even if They Don’t Lead to a Conviction

Along with understanding that you may need to report your DUI, one of the other most important things to understand about your situation is that a DUI arrest can lead to professional discipline even if it doesn’t result in a conviction. Why? Because professional licensing boards apply different standards than Wisconsin’s county courts. In court, prosecutors must prove your guilt “beyond a reasonable doubt.” This means that there must be no question that you are guilty of driving under the influence.

But, professional licensing boards typically use the “preponderance of the evidence” standard. This means the evidence only needs to suggest that it is more likely than not that you violated the governing rules of professional conduct. The rules governing your profession may also impose discipline for conduct short of driving under the influence such as drinking to excess, drinking in public, or using illegal drugs. As a result, any defenses you can assert in your DUI case won’t necessarily protect you in your professional disciplinary proceeding. Protecting your professional license may require a very different approach, and it will be critical to have a clear understanding of what exactly you need to defend against in both proceedings.

3. Failing to Report Your DUI Could Lead to Disciplinary Action

If you don’t report your DUI to your professional licensing board, this could have licensing consequences of its own. Failing to make a required disclosure can be considered a lack of candor under most professional licensing rules, and this itself can be grounds for professional discipline. This is true whether or not you eventually get convicted of driving under the influence. As a result, it is important to satisfy your reporting obligations—and to focus on preparing a sound defense instead of hoping to sidestep disciplinary action.

4. You Must Be Very Careful About How You Approach Your DUI Case

Due to the significant differences between DUI cases and professional disciplinary proceedings, you must be very careful about how you approach your DUI case. While certain statements and actions might be beneficial in your DUI case, these same statements and actions could potentially increase your exposure to professional discipline.

The reverse is also true. If you admit to driving under the influence during your professional disciplinary case, prosecutors may be able to use your admission against you in court. Again, an informed approach is critical, and you will need to work closely with your defense attorney to ensure that you do not say or do anything that could increase your risk of facing criminal penalties or losing your professional license.

5. Even if You Don’t Lose Your Professional License, a DUI Conviction Can Still Have Negative Career Consequences

Getting arrested for DUI (and even getting convicted of DUI) doesn’t necessarily mean that you will lose your professional license—though this may be a very real possibility. But, even if you don’t lose your license, a DUI conviction could still have significant and long-term negative consequences for your career.

A DUI conviction will go on your permanent record—and it will stay there. In Wisconsin, DUI convictions are not eligible for expungement. As a result, if you get convicted, your conviction will stay with you for the rest of your life. It will show up on background checks when you apply for new positions or seek funding to start your practice; and, as a result, you may lose access to certain opportunities. If your current employer decides that your DUI reflects negatively on your abilities or the organization’s reputation, you could lose your current job as well.

How Should You Approach Your DUI as a Licensed Professional in Wisconsin?

With all of this in mind, how should you approach your DUI? To ensure that you are doing everything you can to protect yourself, you should discuss your situation with an experienced defense attorney as soon as possible. An experienced defense attorney will be able to explain the criminal and professional licensing implications of your arrest and will be able to help you make informed decisions while building your defense strategy.

When facing a DUI as a licensed professional, time is of the essence. Unnecessary delays (and other mistakes) can lead to unnecessary consequences. To discuss your situation with an experienced defense attorney in confidence, contact us today.

Schedule a Free DUI Defense Consultation at Mays Law Office in Madison, WI

If you are a licensed professional in Wisconsin and are currently facing a DUI charge, we encourage you to contact us promptly for more information. To schedule a free DUI defense consultation at Mays Law Office, please call 608-302-6614 or request an appointment online today.

The general public does not view recreational vehicles (snowmobiles, ATV’s and UTV’s, etc) as they would a regular car or automobile. And in turn, the general public doesn’t consider the consequences for recreational vehicle drunk driving offenses. However, under Wisconsin law, a snowmobile meets the definition of a “motor vehicle” (i..e., engine-driven vehicle) and thus the question of whether one can be cited for a drunk driving offense (i.e., OWI or DUI) when operating a snowmobile in Wisconsin – is answered “Yes.”
Wisconsin law treats driving or operating a snowmobile while under the influence of alcohol or drugs very similar to driving or operating a motor vehicle while intoxicated. The legal – or illegal – blood alcohol concentration (BAC) limit for operating a snowmobile in Wisconsin is typically the same as for driving a car, which is 0.08%.

Who May Operate A Snowmobile In WI?

A driver’s license is not required to operate a snowmobile. However, there are restrictions based on age and birth year. No person under 12 may use a snowmobile unless accompanied by a parent or guardian or someone over 18. The statute defines “accompany” as being on the same snowmobile as the operator.

In addition, any snowmobile driver who is at least 12 years of age and born on or after January 1, 1985, may only operate a snowmobile if they hold a valid snowmobile safety certificate. If a snowmobile driver is required to have a safety certificate, they must carry proof of the certificate and display it upon request from law enforcement.

What Is The Legal Alcohol Limit On A Snowmobile?

Much like operating motor vehicles, it is illegal to:

1. Operate a snowmobile under the influence of an intoxicant “to a degree which renders the person incapable of safe snowmobile operation.”
2. Have an alcohol concentration of .08 or more when operating a snowmobile.
3. If the person is not 19, they may not operate the snowmobile with an alcohol concentration of more than 0.0 but not more than 0.08.
4. Have a detectable amount of a restricted controlled substance in their blood.

If Stopped On A Snowmobile, Do I Have To Provide A Preliminary Breath Test (PBT) Sample?

Wisconsin state law requires a person to provide a sample of their breath for a preliminary breath screening test if the officer has “probable cause to believe” the person is operating while intoxicated. The PBT is only for the purpose of confirming that the officer had probable cause to arrest. There is no penalty for refusing the preliminary breath test.

Where Can I Be Arrested For Drunk Snowmobiling In WI?

Snowmobile operators can be arrested for drunk driving on publicly or privately owned land regardless of whether a fee is charged for using that property.

On private land not designated as a snowmobile trail, it does not apply unless an accident involving injury occurs and the snowmobile was operated on the private land without the consent of the land owner.

Do I Have To Provide A Chemical Sample If Arrested For Drunk Snowmobiling?

According to Wis. Stat. §350.103, any person who operates a snowmobile on the public land highways of Wisconsin has already given (implied) consent to provide a sample of their breath, blood or urine.

Before requesting the sample, law enforcement must inform the person that:

1. They are deemed to have consented to the tests under Wis. Stat. §350.103.
2. A refusal to provide a sample is subject to the same penalties and procedures as a violation of operating while under the influence while snowmobiling.
3. Besides the test requested by the officer, the driver may have an additional chemical test.

What about an unconscious person who is incapable of withdrawing consent for a chemical test. In such a situation, Wisconsin law presumes that the person did not withdraw consent (but only if law enforcement has probable cause to believe the person was operating while intoxicated.)

What Happens If I Refuse To Provide A Sample?

The refusal to provide a sample is subject to the same penalties and procedures as a violation of operating under the influence while snowmobiling.

What Are The Penalties For Snowmobiling While Intoxicated?

A first-time offender will be fined not less than $400 nor more than $550.

A second offense with a prior snowmobile OWI (or refusal conviction) within five years of the current offense will be fined no less than $300 or more than $1,000 and imprisoned for less than five days or more than six months.

A person who, within five years before their arrest for the current violation, was convicted two or more times of a snowmobile OWI or refusal violation will be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

Any person who fails to stop at the request of law enforcement or causes injury to another while operating a snowmobile while intoxicated will be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail.

In addition to the penalties listed above, a conviction will result in an order by the court to submit to, and comply with, an assessment of the person’s use of alcohol or controlled substances.

Consult With Counsel

If you’ve been arrested for drunk driving on a snowmobile in Wisconsin, don’t wait to contact a competent legal defense. The experienced drunk driving defense attorneys at Mays Law Office, LLC will fight for you and help you through the legal process.

Our firm has nearly 80 years and a proven track record of success in representing our clients in all sorts of drunk driving and other criminal and workers compensation cases. Contact us today to schedule a consultation.

If you are facing a DUI charge in Wisconsin, you do not want to try to handle your case on your own. While this might seem like the best (or cheapest) option, trying to handle your case without a lawyer can end up being extremely costly. Successfully defending against a DUI charge is not easy, and getting convicted can have serious consequences. As a result, it is strongly in your best interests to seek experienced legal representation as soon as possible.

Why You Should Hire a DUI Lawyer in Wisconsin

Were you arrested for driving under the influence in Wisconsin? If so, here are 9 reasons why you should hire a lawyer to handle your DUI case:

Reason #1: You Are Facing Substantial Penalties

Regardless of whether this is your first offense or you are a repeat offender, a DUI conviction can lead to substantial penalties. For first-time offenders, potential penalties include up to a nine-month driver’s license suspension, hundreds of dollars in fines and surcharges, and mandatory installation of an ignition interlock device on your vehicle (if your BAC was 0.15% or above). If you have a prior DUI within the past 10 years, you are facing even greater penalties—including jail time.

Reason #2: You Are Also Facing Serious Collateral Consequences

Along with these penalties, a DUI conviction can have several other serious consequences. For one thing, your auto insurance rates will skyrocket for the next several years. Having a DUI conviction on your record can also make it hard to land a job; and, if you have a professional license, are a member of the military, or are a foreign citizen, you could face consequences in these areas as well.

Reason #3: You May Need to Assert Multiple Defenses to Avoid a Conviction

To successfully fight your DUI charge, you may need to assert multiple defenses in court. Prosecutors may have several forms of evidence against you, and they will be able to secure a conviction by proving that either: (i) your BAC was over the legal limit, or (ii) your driving abilities were impaired. They do not need to prove both. As a result, if you challenge the prosecution’s evidence of impairment but not your BAC (or vice versa), you will still be at risk for a conviction.

Reason #4: Your Lawyer Can Seek to Negotiate a Plea Bargain if Warranted

In some cases, negotiating a plea bargain will be your best option. However, you should not pursue a plea bargain unless you are certain that there are not better options available. While a “wet reckless” carries substantially fewer consequences than a DUI, you should not subject yourself to any consequences unnecessarily.

Reason #5: You May Have Several Defenses Available (Even if You Were Drunk)

There are several ways to fight a DUI charge in Wisconsin. If you have grounds to fight your charge, your lawyer will be able to evaluate your case and determine which defenses he or she can assert on your behalf. Based on this evaluation, you can then make an informed decision about how best to handle your case.

Reason #6: Prosecutors Win DUI Convictions All the Time

Despite the fact that there are several defenses to DUI charges in Wisconsin, prosecutors win DUI convictions all the time. Many prosecutors are extremely good at what they do; and, in many respects, the legal system is built in their favor. As a result, avoiding a conviction requires a knowledgeable and strategic approach—and this requires experienced legal representation.

Reason #7: Prosecutors May Not Be Able to Use Their Evidence Against You

Even if prosecutors have enough evidence to secure a conviction (as is often the case), they may not be able to use their evidence against you. For example, if the police stopped you without reasonable suspicion or arrested you without probable cause, this may render the prosecution’s evidence inadmissible. However, to keep the prosecution’s evidence out of court, you must be able to prove that the police violated your constitutional rights. Prosecutors aren’t going to withhold their evidence voluntarily, and it isn’t the judge’s responsibility to protect you.

Reason #8: A Wrongful Conviction or Unjust Sentence is a Very Real Possibility

Given these considerations, a wrongful conviction is a very real possibility. Additionally, even if a conviction is warranted, you could face a far greater sentence than necessary if you try to handle your case on your own. Simply put, hiring an experienced DUI lawyer is the best way to minimize the risks you are facing.

Reason #9: Hiring a Lawyer is Your Least Costly Option

While you will need to pay for your lawyer’s services, hiring a lawyer is ultimately likely to be your least costly option. If your lawyer helps you avoid fines, surcharges, or increased insurance premiums—and if your lawyer protects your driver’s license or keeps you out of jail—your legal representation will more than pay for itself.

Schedule a Free Initial Consultation with a WI DUI Lawyer Today

If you are facing a DUI charge in Wisconsin, we strongly encourage you to contact us for more information. We provide free initial consultations, and we can help you make smart decisions about your next steps. To discuss your case with an experienced WI DUI lawyer in confidence, please call 608-305-4518 or send us a message online today.

Drunk driving charges come with serious risks in Wisconsin. If you get convicted, you will be at risk for substantial penalties, and your conviction could negatively impact your life in a variety of other ways.

10 Free Resources for Individuals Facing a DUI in Wisconsin in 2024

To protect yourself, you need to make sure you are making smart decisions. There is a lot you need to know, and there are a lot of myths, misconceptions, and mistakes you need to avoid. We published several articles on fighting DUI charges in Wisconsin throughout 2023. Here are some of the key takeaways if you find yourself awaiting trial on a DUI charge in the New Year:

1. Understanding Wisconsin’s Drunk Driving Laws

The first thing to know is that there are two different types of DUI charges under Wisconsin law. You can be charged with either: (i) operating while intoxicated (OWI); or, (ii) operating with a prohibited alcohol concentration (PAC).

When you are facing an OWI charge, prosecutors must prove that your ability to drive was impaired—and they can do so without your blood alcohol concentration (BAC). Conversely, in a PAC case, the only question is whether your BAC was over the legal limit. Learn more: OWI vs. PAC: What’s the Difference in Wisconsin.

2. Understanding Wisconsin’s Implied Consent Law

Along with Wisconsin’s OWI and PAC laws, it is also important for you to know about the state’s implied consent law. This law requires you to take the breathalyzer during your traffic stop if your arresting officer asks you to do so (though some exceptions apply).

Violating Wisconsin’s implied consent law can lead to an additional charge—and you can be penalized for an implied consent violation regardless of whether you were driving under the influence. But, there are defenses available, and your defense lawyer will be able to help you fight your “DUI refusal” charge if necessary. Learn more: What is Wisconsin’s Implied Consent Law.

3. Why You Shouldn’t Ignore Your DUI in Wisconsin

It might be tempting to ignore your DUI, especially during the holiday season. But, this is a mistake that you cannot afford to make. Prosecutors will not ignore your case; and, if you don’t show up in court, they will seek (and almost certainly win) a conviction in your absence.

In fact, rather than ignoring your DUI, you should make defending against it your top priority. While this might not be fun, it is important—and you will thank yourself later. To learn more about the importance of prioritizing your DUI defense, you can read: What Happens if You Ignore Your OWI or PAC in Wisconsin?

4. The “Dos” and “Don’ts” of Facing a DUI Charge

When you have an OWI or PAC charge pending, knowing that to do and knowing what not to do are equally important. To ensure that you are making smart decisions with your future in mind, you can read: “Dos” and “Don’ts” to Protect Yourself After a Drunk Driving Arrest in Wisconsin.

5. There Are Many Mistakes You Need to Avoid

While our “’Dos’ and ‘Don’ts’” article covers some of the mistakes you need to avoid when facing a DUI charge in Wisconsin, there are many more mistakes that can leave you facing unnecessary consequences. To learn more about what not to do while your DUI case is pending, you can read: 10 Mistakes to Avoid After a DUI Arrest in Wisconsin.

6. Know Your Rights!

You have clear legal rights as a defendant in Wisconsin’s criminal justice system. You also had clear legal rights during your traffic stop and arrest. If the police violated your rights, or if prosecutors violate your rights during your DUI case, this may provide you with a defense regardless of whether you were driving under the influence. Learn more: Asserting Your Constitutional Rights in a Wisconsin OWI/PAC Case.

7. What if You Admitted to Driving Drunk?

But, what if you admitted to driving drunk on the side of the road? Even in this scenario, you could still have defenses available. This includes (but is not limited to) defenses based on violations of your legal rights. To learn why you should always fight your DUI charge, you can read: Why You Shouldn’t Plead Guilty Even If You Admitted to Driving Drunk in Wisconsin.

8. “Defenses” that Could Lead to a DUI Conviction

While you have clear legal rights, and while there are many potential defenses to OWI and PAC charges, there are also “defenses” that don’t work. If you were to try to assert one of these “defenses” in court, you would very likely find yourself facing a conviction. Learn more: 10 “Defenses” that Won’t Protect You Against a DUI Conviction in Wisconsin.

9. Protecting Yourself if You Were Charged with DUI After an Accident

DUI charges are always serious. But, they can be even more serious if you are charged with causing an accident while driving under the influence. In this scenario, you can face enhanced penalties—and you can even be charged with a felony in some cases. To find out what you need to know about facing a DUI charge after an accident, you can read: What Happens if You Get in an Accident While Driving Drunk in Wisconsin?

10. What You Need to Know if You Refused the Breathalyzer

Finally, if you weren’t aware of Wisconsin’s implied consent law when you got pulled over, you may have refused the breathalyzer. As we mentioned above, this could mean that you are facing an additional charge for a “DUI refusal.” But, how will your refusal impact your DUI case?

As we also mentioned above, prosecutors can secure an OWI conviction without your BAC. So, even if you refused the breathalyzer, you still need to be prepared to fight your drunk driving charge. To learn more about how your refusal will impact your DUI case, you can read: Can You Be Convicted of DUI in Wisconsin if You Refused the Breathalyzer?

Schedule a Free DUI Defense Consultation in Madison, WI

Are you facing a DUI charge in Wisconsin? If so, we can help. To speak with an experienced defense lawyer at Mays Law Office in confidence, call 608-257-0440 or request a free consultation online today.

When you get arrested for drunk driving in Wisconsin, you need to be very careful to protect yourself. A conviction for operating a vehicle while intoxicated (OWI) or driving with a prohibited alcohol concentration (PAC) can lead to steep penalties. It can negatively impact your life in other ways as well; and, between fines, court costs, and increased insurance premiums, it can prove incredibly expensive.

How can you protect yourself after a drunk driving arrest? At this stage, there are both steps you need to take and mistakes you need to avoid. Here are 10 “Dos” and “Don’ts” for individuals facing OWI/PAC charges in Wisconsin:

DO: Exercise Your Right to Remain Silent

When you are facing a drunk driving charge in Wisconsin, you should exercise your right to remain silent. It’s true what they say on TV: Anything you say can and will be used against you.

This applies not only when it comes to talking to police and prosecutors (which you shouldn’t do without your lawyer present), but also when it comes to discussing your case with others or on social media. When you are facing an OWI or PAC charge, you should only discuss your case with your defense lawyer.

DON’T: Assume You Can Talk Your Way Out of a Conviction

Many people assume that they will be able to walk into court and talk their way out of a conviction. But, this is not the case, and it reflects a fundamental understanding of the nature of drunk driving prosecutions. Judges in Wisconsin take OWI and PAC charges very seriously; and, even if you don’t deserve to be found guilty, saying the wrong thing could still lead to a conviction.  

DO: Make Sure You Know Your Court Date

After a drunk driving arrest, your initial court appearance will take place relatively quickly. You need to make sure you know your court date, and you need to make plans to be there on time (unless your defense lawyer says otherwise).

When you appear in court, you need to dress and act professionally, and you need to do exactly what your defense lawyer says. Appearing before a judge with your future on the line is not a time to take chances.

DON’T: Miss Your Court Date

Missing your court date after a drunk driving arrest can be a very costly mistake. If you miss your court date, the judge can issue a bench warrant for your arrest, and you can face consequences regardless of whether you deserve to be convicted of OWI or PAC.

DO: Get Counseling or Treatment if You Need It

Many people struggle with alcohol dependence. If you need counseling or treatment, you should seek help promptly. While it can be difficult to admit that you have a problem, getting the counseling or treatment you need is the right choice, and you will be glad you did it.

Going to counseling or seeking treatment will also show the judge that you are taking your situation seriously. This can help with your defense—and, if you aren’t sure where to go, your lawyer can give you some options.

DON’T: Get Caught Driving Drunk Again

While you have an OWI or PAC charge pending, one of the biggest mistakes you can make is driving drunk again. If you get another OWI or PAC charge, the risks you are facing will increase significantly. Repeat offenders face enhanced penalties in Wisconsin, including the possibility of up to six months in jail.

DO: Start Thinking About the Defenses You May Have Available

Regardless of the facts of your case, you have defenses available. At the very least, your defense lawyer can argue that the prosecution’s evidence doesn’t prove your guilt beyond a reasonable doubt.

But, there are numerous ways to beat an OWI or PAC charge in Wisconsin, and now is a good time to start thinking about the defenses you may have available. If you think a defense may apply, make a note to discuss it with your defense lawyer.

DON’T: Make Assumptions or Rely on “Defenses” That Don’t Work

While there are several ways to fight a drunk driving charge, there are also many “defenses” that don’t actually work. When you are facing an OWI or PAC charge, you need to make informed decisions about your defense, and you need to avoid making any assumptions that could lead to a conviction.

DO: Talk to a Wisconsin Drunk Driving Defense Lawyer

Given the penalties you are facing and all of the various mistakes that can lead to unnecessary consequences, you need an experienced Wisconsin drunk driving defense lawyer on your side. You should hire a lawyer as soon as possible, and your first step is to schedule a free, no-obligation consultation.

While some people worry about the cost of hiring a defense lawyer, hiring an experienced lawyer can actually save you money in the long run. If your lawyer is able to get your charge reduced or help you avoid a conviction entirely, this could save you thousands of dollars in penalties, surcharges, and increased insurance premiums.

DON’T: Try to Handle Your OWI/PAC Case on Your Own

Regardless of whether you believe you are innocent or guilty, you should not try to handle your OWI/PAC case on your own. It simply isn’t worth it. You have too much at stake, and there is too much an experienced drunk driving defense lawyer can do to help you.

Contact Us for a Free OWI/PAC Defense Consultation in Middleton, WI

If you need more information about what to do (or what not to do) after a drunk driving arrest in Wisconsin, we invite you to get in touch. We will arrange for you to speak with one of our lawyers in confidence as soon as possible. To schedule a free, no-obligation consultation with a lawyer at our Middleton, WI law offices, call 608-257-0440 or tell us how we can reach you online now.