{"id":29777,"date":"2020-09-21T21:42:10","date_gmt":"2020-09-21T21:42:10","guid":{"rendered":"https:\/\/sfrench-law.com\/test2\/?page_id=29777"},"modified":"2024-09-12T17:24:23","modified_gmt":"2024-09-12T17:24:23","slug":"owi-dui-dwi-drunk-driving","status":"publish","type":"page","link":"https:\/\/sfrench-law.com\/MilwaukeeCriminalDefenseAttorney\/owi-dui-dwi-drunk-driving\/","title":{"rendered":"OWI DUI DWI Drunk Driving"},"content":{"rendered":"\t\t
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OWI Drunk Driving<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Milwaukee OWI Defense LAWYERS<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Wisconsin Criminal Attorneys Defending Clients in Milwaukee, Waukesha, and Across Wisconsin<\/div>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div><\/div>\r\n\t\t<\/section>\r\n\t\t\t\t
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Milwaukee Waukesha OWI DUI DWI
Drunk Driving Defense Attorneys Lawyers<\/strong><\/div>
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Arrested for Drunk Driving?\u00a0 Facing OWI DUI DWI Charges?<\/strong><\/span><\/p>

Don’t let a drunk driving charge ruin your life. Get the aggressive, experienced defense you deserve!<\/strong><\/span><\/div>

What it takes to Win<\/strong><\/p>

Defending people facing drunk driving charges is a highly technical and specialized area of practice.\u00a0It requires thorough knowledge of the relevant legal standards, the trial and pre-trial procedures governing the admission of evidence, and a thorough understanding of the rates of alcohol absorption, distribution, elimination, and alcohol’s effects on the human body.\u00a0It also requires a working knowledge of the various devices used by police to test and measure the level of alcohol in the body, and how to discredit and expose field sobriety tests for what they really are \u2014 nonscientific, highly subjective and unreliable tests designed for failure.\u00a0To fight your case head on, you need a lawyer well versed in these areas, and one who knows how to win these types of cases.<\/p>

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Achieving Superior Results<\/strong><\/p>

We are passionate about what we do and it shows.\u00a0Attorney Sydne French has fought and won hundreds of drunk driving cases for Wisconsin and Illinois drivers (facing Wisconsin OWI charges) in courts across the eastern border of the State of Wisconsin.\u00a0She is known for negotiating significantly reduced charges, penalties, and dismissals. Check out our Cases Fought & Won<\/strong> page and see some of the extraordinary results we have achieved for our clients.<\/p>

Contact us today to schedule a free no-hassle consultation with Sydne.\u00a0 Initial consultations are available by phone, Zoom video, or in person at our Milwaukee Office<\/strong> or our Waukesha Office<\/strong>.\u00a0 Whatever is most convenient for you!<\/p><\/div>\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\n\t\t\t\t\t\t

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DOT Administrative Suspensions<\/strong><\/span><\/h3>

Actions Required of Officer Upon Arrest<\/strong><\/p>

If results from a chemical test (blood or breath) indicate an alcohol concentration over the legal limit, the arresting officer must do each of the following (assuming the Implied Consent Law requirements were followed): (1) report the results to the DOT (2) take the arrestee\u2019s license and forward it to the DOT. The Wisconsin operating privilege is then administratively suspended for 6 months.\u00a0 The arrestee is provided with a pink form, called the Notice of Intent to Suspend Operating Privilege.\u00a0 This form serves as a temporary license and is valid for 30 days.<\/p>

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Requesting the Administrative Review<\/strong><\/p>

Along with the pink Notice of Intent to Suspend, the officer must provide the arrestee with a yellow Administrative Review Request form.\u00a0 This form must be filled out and mailed to the DOT within 10 days after the date on the notice, or within 13 days if the notice is mailed (excluding Saturdays, Sundays, and holidays).\u00a0 Failure to mail the form within 10 days effectively waives your right to a review.\u00a0 Instructions on how to request an administrative review are printed on the form.<\/p>

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The Administrative Hearing<\/strong><\/p>

The DOT must hold the administrative suspension review hearing within 30 days after the date of notification.\u00a0 The arrestee may present evidence and may be presented by an attorney.\u00a0 There is no statutory or constitutional right to counsel, however. The arresting officer does not need to appear at the hearing unless he or she is subpoenaed; however, the officer is required to submit to the hearing examiner a copy of his or her report and the results of the chemical test.<\/p>

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The hearing is limited to the following issues:<\/p>

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  1. the correct identity of the person;<\/li>
  2. whether the person was informed of the options regarding tests;<\/li>
  3. whether the person had a prohibited alcohol concentration at the time the offense allegedly occurred;<\/li>
  4. whether one or more tests were administered in accordance with the Implied Consent Law;<\/li>
  5. if one or more tests were administered, whether each of the test results for those tests indicates the person had a prohibited alcohol concentration; and<\/li>
  6. whether probable cause existed for the arrest.<\/li><\/ol>

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    The administrative suspension review hearing is an informal hearing.\u00a0 The hearing examiner is a DOT employee. There is no court or judge.\u00a0 The hearing may be held by: (1) phone, (2) written arguments, or by (3) appearance in-person.<\/p>

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    Decision of Hearing Examiner<\/strong><\/p>

    Notice of the hearing examiner’s decision is mailed to the arrestee, usually within one or two days of the hearing. If the hearing examiner finds that the criteria for administrative suspension have not been satisfied, or that the arrestee did not have a prohibited alcohol concentration at the time of the incident, the examiner must issue an order and notice to the arrestee that the DOT will not administratively suspend the arrestee\u2019s driving privilege.\u00a0 If the examiner finds otherwise, the administrative suspension will continue.<\/p>

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    Notice of Decision, Judicial Review, and Stay of DOT Decision<\/strong><\/p>

    Along with the notice of the hearing decision, the hearing examiner must notify the arrestee in writing of the right to judicial review.\u00a0 The notice should also inform the arrestee of the court\u2019s authority to issue a stay of the suspension.\u00a0 If the hearing examiner fails to mail the\u00a0 notice within 30 days after the date of the notification, the administrative suspension is vacated and the operating privilege is automatically reinstated.<\/p><\/div>\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\n\t\t\t\t\t\t

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    Occupational Licenses<\/span> <\/strong><\/h3>

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    An occupational license is a restricted driver’s license.\u00a0The Department of Transportation (DOT) limits your driving in terms of times of day and places to which you may drive.\u00a0 You may only drive to and from work, church, or other places\u00a0(e.g., medical or treatment\/counseling) indicated on the license.\u00a0 You may not use an occupational license for recreational purposes or to operate a commercial motor vehicle.\u00a0 Your total driving time is limited to 12 hours per day and no more than 60 hours per week. If you operate outside the specific hours listed on your occupational license or for a purpose other than those permitted on the license, you could be arrested for operating after suspension or revocation.<\/p>

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    How to Apply<\/strong><\/p>

    To apply for an occupational driver\u2019s license, your regular license must first be revoked or suspended.\u00a0 The DOT has made available on their website supplemental information regarding the occupation license process, \u201cOccupational License Information,\u201d and a sample DOT occupational license application. These forms will provide you with information and steps you need to take to get your occupational license.<\/p>

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    There are many other requirements you must satisfy before becoming eligible for an occupational license.\u00a0 Contact our office today to learn more about the application process.<\/p><\/div>\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\n\t\t\t\t\t\t

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    OWI Sentencing in Wisconsin Varies by Judicial District<\/strong><\/p>

    In Wisconsin, sentencing guidelines for OWI convictions are determined by each judicial district. While these guidelines outline key factors for consideration, judges retain discretion to evaluate the unique facts and circumstances of each case when imposing a sentence.<\/p>

    Although Wisconsin\u2019s OWI sentencing guidelines provide a framework, they do not mandate specific sentences beyond statutory minimums. Judges may adjust their decisions based on aggravating or mitigating factors, ensuring each sentence reflects the individual nature of the case.<\/p>

    OWI Sentencing Guidelines Differ Across Counties<\/strong><\/p>

    OWI penalties can vary from one county to another within Wisconsin, as counties are grouped into nine judicial districts, each with its own guidelines informed by state law. These guidelines assist courts in determining appropriate OWI sentences.<\/p><\/div>\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\n\t\t\t\t\t\t

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    Illinois DUI Drivers<\/strong><\/p>

    Special Considerations<\/span><\/strong><\/p>

    If you are an Illinois resident with an Illinois driver’s license, you need aggressive representation more so than a Wisconsin driver does. There is a huge difference in the way Illinois treats an OWI \/ DUI first conviction in Wisconsin. In Wisconsin, the minimum penalties for a first drunk driving offense (called OWI in Wisconsin) are a 6-month revocation of your driving privileges, and a fine of roughly $800.\u00a0\u00a0 Here’s the problem: a Wisconsin drunk driving “conviction,” even if it is a first offense, is treated by Illinois the same as if it were your second or third drunk driving arrest.<\/p>

    Why?\u00a0 How does this happen?\u00a0 Drivers arrested and charged with drunk driving in Illinois (called “DUI”) for the first time routinely receive a resolution that involves the driver participating in something called, “court supervision.”\u00a0 Court supervision usually involves the driver’s license being suspended for a few months, and the driver is ordered to attend classes.\u00a0 Upon successful completion of these things, the DUI case is then dismissed.\u00a0 The end result = no DUI conviction.\u00a0 This alternative resolution is offered to the Illinois driver several times before the DUI arrest eventually results in a DUI conviction.\u00a0 Therefore, by the time an Illinois driver gets her first official DUI “conviction,” she will have had at least one or two (or more) prior DUI arrests. She could lose her license indefinitely. This is why the impact of a Wisconsin OWI “conviction” on the Illinois driver\u2019s license, even for a first offense, can be devastating.<\/p>

    This is a highly specialized area of OWI\/DUI law. You need aggressive representation the moment you get arrested. We have successfully resolved hundreds of OWI cases across Wisconsin. Many of our clients have been Illinois drivers just like you who would have otherwise been blind-sided by the justice system.<\/p>

    Contact us as soon as possible to schedule a free consultation to discuss your case.\u00a0 Initial consultations are available by phone, Zoom video, or in person at our Milwaukee Office<\/strong> or our Waukesha Office<\/strong>.\u00a0 Whatever works best for you!<\/p><\/div>\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t\t\n\t\t\t\t\t\t

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    WI Blood Alcohol Charts<\/strong><\/span><\/h3>

    \u00a0<\/strong><\/p>

    How many drinks does it take?<\/strong><\/p>

    The blood alcohol charts below are made available by the DOT. However, if you know there is a chance you might have a drink or two when you go out, the safest thing to do is to find a ride home before you head out. Don’t mess around with charts trying to determine how many drinks you can safely consume before you head home. That said, the following charts are provided solely for those who are merely curious.<\/p>

    \u00a0<\/strong><\/p>

    Determining how many drinks equals 0.08 blood alcohol level begins with defining what \u201ca drink\u201d means.<\/strong>\u00a0\u00a0 According to the Bureau of Transportation Safety, Wisconsin
    Department of Transportation:<\/p>

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    1 drink = 0.54 oz of alcohol<\/strong><\/p>

    0.54 oz of alcohol is found in:<\/p>