Can You Beat a Drunk Driving (DUI or OWI) Case in Wisconsin?

Can You Beat a Drunk Driving (DUI or OWI) Case in Wisconsin?

You got arrested for drunk driving. You are facing a DUI charge (technically, an operating while intoxicated (OWI) charge in Wisconsin), and you are facing all of the various penalties that go along with it. So, you need to know: Can you beat a Wisconsin drunk driving case? Or, is it time to accept the consequences of your arrest?

There are several potential ways to beat a drunk driving case in Wisconsin. As a result, under no circumstances should you throw in the towel. Even if you were driving drunk, you may have defenses available. Additionally, even if you cannot avoid a conviction entirely, fighting your DUI charge could result in a reduced sentence—and this could significantly mitigate the costs and other consequences you incur.

10 Potential Ways to Fight a Wisconsin DUI or OWI Charge

Every drunk driving case is unique, and the defenses that are available to someone else might not be available to you. On the same token, you may be able to assert defenses that were not available to someone you know who got convicted of DUI.

To find out what defenses you can use to fight your DUI, you will need to discuss the details of your case with an attorney. With this in mind, here are 10 potential ways to fight a drunk driving charge in Wisconsin:

1. Challenging Your Traffic Stop

The police cannot pull you over just because they want to. In order to conduct a traffic stop, the police must have “reasonable suspicion” to believe that the driver (or a passenger) is engaged in (or has been engaged in) unlawful activity. If the police pulled you over without reasonable suspicion—including if they pulled you over based on your race, color, or ethnicity—then you may be entitled to have all of the government’s evidence excluded from your drunk driving case. Without evidence, the prosecution won’t be able to secure a conviction.

2. Challenging Your Arrest

In addition to challenging your traffic stop, it may also be possible to challenge your arrest. While a traffic stop requires reasonable suspicion, an arrest requires “probable cause.” If the police did not have reason to believe that you were driving drunk but arrested you anyway, this could also provide grounds for having the government’s evidence excluded from your case.

3. Challenging Your Field Sobriety Test Results

If you took the field sobriety tests (FSTs) during your drunk driving stop, the prosecution will almost certainly try to use your test results against you. However, it is possible to challenge field sobriety test results in various ways. Did the arresting officer carefully observe the entire test? Was the ground uneven or unsteady? Was the area where you performed the tests dimly lit? These are just a few examples of numerous potential issues that could call your FST results into question.

4. Challenging Your Breathalyzer Test Result

Just as there are several possible ways to challenge FST results, there are several possible ways to challenge breathalyzer test results as well. Did the arresting officer provide all required information before administering the test? When was the last time the breathalyzer device was calibrated? Do you have a health or medical condition that could have impacted your blood alcohol concentration (BAC) reading? Again, these are just a few examples of numerous potential issues your lawyer may be able to raise in order to fight your DUI.

5. Asserting the “Rising BAC” Defense

When you consume alcohol, your BAC does not rise immediately. Rather, it rises gradually over time. Thus, if you drove shortly after drinking, it is possible that your BAC was below the legal limit when you were behind the wheel even though you registered 0.08% or above on the breathalyzer. This is known as the “rising BAC” defense, and it will prove effective for preventing the prosecution from meeting its burden of proof in many drunk driving cases.

6. Providing an Alternate Explanation for Your Appearance

In addition to FST and breathalyzer test results, police officers may consider various other factors when deciding whether to make a drunk driving arrest. This includes factors related to your appearance. However, while bloodshot eyes, a flushed face, and other appearances can be indicative of alcohol intoxication, they can have a variety of other explanations as well.

7. Providing an Alternate Explanation for Your Driving Behavior

Likewise, while drifting from your lane or slowing down unexpectedly can be signs of impairment, they can also have a variety of other explanations. Did you see something on the road? Was your mind wandering? Did your passenger interfere with your driving? Here too, there are multiple potential explanations besides being drunk behind the wheel.

8. Asserting Your Right to Remain Silent

One of the best ways to protect yourself after a drunk driving arrest is to assert your right to remain silent. It is true that anything you say can be used against you (although there are some exceptions), so staying silent will limit the prosecution’s options for securing a conviction.

9. Asserting Your Right to an Attorney

When you get arrested for drunk driving in Wisconsin, it is extremely important to assert your right to an attorney. Hiring an experienced attorney will give you the best chance to beat your DUI, and you should schedule a free consultation as soon as possible.

10. Raising Questions about the Prosecution’s Case

Finally, regardless of the circumstances involved in your case, the prosecution has the burden of proving your guilt beyond a reasonable doubt. If you can raise questions about the prosecution’s case (i.e. by questioning the validity of your BAC reading), this alone can be enough to avoid a finding of guilt.

Get a Free Consultation about Your Wisconsin Drunk Driving Case

Have you been arrested for drunk driving? If so, Madison DUI attorney Stephen Mays can help. To find out if you may be able to beat your Wisconsin drunk driving case, call 608-257-0440 or request a free consultation online now.

What are the DUI penalties in Wisconsin?

What are the DUI penalties in Wisconsin?

In Wisconsin, driving under the influence (DUI) is a serious criminal offense. Technically referred to as operating while intoxicated (OWI) in Wisconsin, a drunk driving charge carries severe penalties, with the specific penalties that are on the table being determined based upon the defendant’s criminal history and other factors. If you are facing a DUI (or OWI) charge in Wisconsin, it is important that you know what is at risk. Here is an overview of the DUI penalties in Wisconsin, followed by a brief discussion of the “collateral consequences” of a DUI conviction:

Overview of Wisconsin’s DUI Penalties

Wisconsin law imposes different penalties for first-time and repeat DUI offenders. In fact, the penalties for repeat offenders increase all the way up through a tenth offense. Here is an overview of the statutory penalties that apply in “standard” DUI cases (those that do not involve an accident or other aggravating factors) for first, second, and third-time offenders:

First-Time DUI Offenders

If this is your first time being charged with a DUI, you are facing financial penalties and a driver’s license suspension. If your blood alcohol concentration (BAC) was 0.15 or above, you may also be required to install an ignition interlock device (IID) in your vehicle or participate in a 24/7 sobriety program. The penalties for a first-time DUI offense in Wisconsin are:
  • $150 to $300 in fines
  • $435 OWI surcharge
  • Six to nine month driver’s license suspension
  • IID installation or 24/7 sobriety program for 12 months (if your BAC was 0.15 or above)

Second-Time DUI Offenders

If this is your second time being charged with a DUI, the penalties you are facing depend on whether (i) you received your prior DUI conviction within the past 10 years, and (ii) your prior conviction involved great bodily harm or death. If your prior DUI conviction is more than 10 years old and did not involve great bodily harm or death, the penalties you are facing include:
  • $150 to $300 in fines
  • $435 OWI surcharge
  • Six to nine month driver’s license suspension
  • IID installation or 24/7 sobriety program for 12 months (if your BAC was 0.15 or above)
If your prior DUI is less than 10 years old or involved great bodily harm or death, the penalties you are facing include:
  • $350 to $1,100 in fines
  • $435 OWI surcharge
  • Five days to six months in jail
  • 12 to 18 month driver’s license suspension
  • IID installation or 24/7 sobriety program for 12 to 18 months

Third-Time DUI Offenders

Once you get to a third-time DUI offense in Wisconsin, the penalties begin to increase dramatically. For a third offense (regardless of the specifics of your prior convictions), you will face penalties including:
  • $600 to $2,000 in fines
  • $435 OWI surcharge
  • 45 days to one year in jail
  • 24 to 36 month driver’s license suspension
  • IID installation or 24/7 sobriety program for 12 to 36 months
Certain factors can increase the penalties that are on the table. For example, if you were arrested for DUI with a minor in your vehicle, or if you caused an accident resulting in injury or death, you could be at risk for penalties including:
  • Minor Passenger Under Age 16 – For a first-time offense, a DUI with a minor passenger carries up to a $1,100 fine, five days to six months in jail, driver’s license suspension of six to nine months, and 12 to 18 months of IID use or 24/7 sobriety program participation (penalties increase for repeat offenders).
  • Accident Resulting in Injury – With no prior offense or breath test refusal, causing an accident while driving under the influence carries up to a $2,000 fine, 30 days to 12 months in jail, driver’s license suspension of 12 to 24 months, and up to 24 months of IID use or 24/7 sobriety program participation. With a prior offense or breath test refusal, the penalties increase to a $10,000 fine, up to six years in prison, driver’s license suspension of 12 to 24 months, and up to 24 months of IID use or 24/7 sobriety program participation.
  • Accident Resulting in Great Bodily Harm – If you cause an accident that results in great bodily harm while driving under the influence, you can face up to a $25,000 fine and 12.5 years in prison, plus a 24-month driver’s license suspension and 24 months of IID use or 24/7 sobriety program participation after your release.
  • Accident Resulting in Death – Causing an accident while driving under the influence is prosecuted as the crime of “homicide while OWI” in Wisconsin. If convicted, you can face up to a $100,000 fine and 25 years in prison (increased to 40 years if you have a prior DUI conviction), plus a five-year driver’s license suspension and five years of IID use or 24/7 sobriety program participation after your release.

Understanding the Collateral Consequences of a DUI Conviction

In addition to the penalties imposed by the Wisconsin Statutes, individuals who are convicted of DUI (or OWI) in Wisconsin can face various collateral consequences as well.  These are consequences outside of your sentence that can impact virtually all aspects of your life. For example, having a DUI conviction on your criminal record in Wisconsin can lead to:
  • Suspension or expulsion from school (or difficulty getting into college)
  • Loss of your current job
  • Difficulty finding a job (since many companies are hesitant to hire individuals with criminal records)
  • Difficulty finding housing (since many landlords and lenders conduct criminal background checks as well)
  • Increased car insurance rates
  • Professional discipline or loss of your professional license
  • Challenges related to child custody, eligibility for government assistance, immigration status, and other issues

Schedule a Free Consultation with a Wisconsin DUI Defense Lawyer

Are you facing a DUI (or OWI) charge in Wisconsin? If so, you must speak with a Middleton DUI lawyer about your case. To learn about the defenses you may be able to use to fight your DUI, call Mays Law Office at 608-257-0440 or request a free consultation online today.
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