Drunk driving is among the most common charges that otherwise law-abiding citizens face. Wisconsin DUI law provides harsh penalties such as jail time, revocation of your license, and hefty fines. The DMV may suspend your license even before your criminal court case begins unless you take immediate action. You need to speak to a DUI attorney immediately to protect your rights. 

Attorney Andrew Walter has extensive experience representing drunk driving defendants in municipal court, criminal court, DMV administrative hearings, and appellate courts. Other attorneys regularly choose Andrew to review and appeal their client’s drunk driving cases. Contact us today for a free consultation with Attorney Andrew Walter.   

Frequently Asked Questions 

What is the difference between drunk driving, DUI, DWI, and OWI? 

DUI is the most common abbreviation, but these all refer to the same offense. In Wisconsin, the statutory term for drunk driving is Operating A Motor Vehicle While Under The Influence of An Intoxicant.  

Why am I charged with two crimes for the same drunk driving offense? 

If your blood or breath test reveals an alcohol content of 0.08 or more you will face an additional charge of Operating a Motor Vehicle with a Prohibited Alcohol Concentration (PAC). Wisconsin drunk driving law allows for charging both Operating While Under the Influence and PAC but you can only face penalties for one of the two. 

What are the penalties for refusing to take a blood test after a Wisconsin drunk driving arrest? 

If you refuse a blood or breath test, the police will issue a Notice of Intent to Revoke. The Wisconsin DMV will suspend your license unless you request a hearing within 10 days of your arrest. Given these time limits, it is imperative that you speak to a drunk driving lawyer immediately to protect your rights. 

Should I hire a lawyer if I know I am guilty of drunk driving and do not want a trial? 

Drunk driving sentences are determined by a judge, who has broad discretion regarding jail time and whether to grant work release. For example, on a typical 2nd offense the judge can sentence you to anywhere between 5 days and 6 months in jail. An effective drunk driving attorney will recommend steps you can take to show the judge you are a low risk for another offense. An attorney will also help you prepare a statement to make at sentencing as well as prepare an argument about your character, highlighting your positive qualities and contributions to your family and community. The goal is to minimize the jail time, ensure you have work release, and minimize the license revocation period.     

What is your process for defending a drunk driving charge? 

I begin by making sure that the DMV does not suspend your license without holding a hearing first. I meet with you to get your description of the events. I then review the circumstances of the traffic stop, field testing, arrest, and blood or breath extraction to determine whether the police violated your rights against unreasonable search and seizure. Any constitutional violation I find may be a basis for a motion to suppress evidence, such as the blood test result. This is critical as suppression of the blood test result may cause the prosecutor to dismiss the case. I then analyze whether you were intoxicated, highlighting the signs that you were not intoxicated and looking for explanations of any signs that you were intoxicated. I analyze, with the help of an expert when appropriate, whether the blood test result taken at the hospital is an accurate indication of your blood alcohol content at the time of driving. Along the way, my office obtains any necessary evidence, such as police reports, squad video, blood testing equipment maintenance records, and dispatch tapes. We then meet to discuss the case and possible defenses. At that time, we will evaluate the strength of the case and the chance of success at trial. Based on that evaluation, we will discuss whether you are interested in settling the case and if so, we will discuss the goals of plea negotiation. It is important to remember that it is your case, I will thoroughly advise you and argue for your rights, but the major decisions belong to you. 

I have a CDL (Commercial Driver License). Does this make my drunk driving case different? 

A CDL makes your case much different from a typical drunk driving case. Wisconsin law places greater restrictions on CDL holders, including reduced blood alcohol limits. Your license and your job may be at risk. You should consult with an experienced Wisconsin drunk driving lawyer immediately. 

I have an Illinois driver’s license but I am charged with drunk driving in Wisconsin. How do I protect my driving privilege? 

If you are charged with a Wisconsin drunk driving, but have a license from any other state, you face penalties in both states. Upon conviction, Wisconsin will suspend or revoke your license to drive in Wisconsin, but your home state will determine the consequences upon your license in that state. The resolution of your Wisconsin drunk driving case will have a great impact on your driving privilege in your home state. You should contact a Wisconsin drunk driving attorney immediately to discuss your case.  

What jail time do I face for Wisconsin drunk driving? 

First Offense -No jail unless a minor was in the car at the time.

Second Offense-Not less than 5 days nor more than 180 days jail.

Third Offense-Not less than 45 days nor more than 1 year in jail.

Fourth Offense-Not less than 60 days nor more than 1 year in jail.

Fourth Offense With Prior Offense Within 5 Years-Class H Felony subject not less than 6 months nor more than 6 years imprisonment. 

Fifth Offense and Greater-These are automatically felonies in Wisconsin. The possible imprisonment for a 5th or 6th offense is up to 6 years. For a 7th, 8th, or 9th offense, the maximum imprisonment is 10 years. For 10th or greater offenses, the maximum imprisonment is 12 and one half years. 

What is Injury by Intoxicated Use of a Vehicle and how does this charge differ from a typical DUI? 

If someone in your car, another car, or a pedestrian was injured because of your operation of a motor vehicle, and you were intoxicated at the time, the District Attorney may charge you with Injury by Intoxicated Use. This crime is different from a typical OWI in that it involves proof of injury to anyone other than yourself. There are greater penalties for this offense. For temporary minor injuries, the penalty for Injury by Intoxicated Use is 30 days to 1 year in jail, a fine, and revocation of your license. If you have any prior DUI conviction, the offense is a Class H Felony. Any drunk driving resulting in great bodily harm is a Class F Felony. You may have a defense if the injury would have occurred even if you were not intoxicated and exercised due care. 

What is the blood alcohol curve and how can it be used as a defense in drunk driving cases? 

The law prohibits driving with a blood alcohol concentration (BAC) of 0.08 in most cases. However, the police do not obtain a sample of your blood at the time you were driving, they take a blood sample at the hospital, usually an hour or so after you last drove. Therefore, a blood test result is not necessarily an accurate reflection of your BAC at the time you were driving. When you drink alcohol, it slowly absorbs into your bloodstream. Your BAC slowly rises until reaching a peak, and then your BAC slowly drops as your body removes alcohol from your blood. Depending on your gender, size, when and how much alcohol you drank, and other factors, you may have had a BAC below 0.08 at the time of driving but above that level during blood testing. In appropriate cases, we use certified experts to testify that your BAC was below the legal limit at the time of driving.