Tuesday, March 16, 2010

Wisconsin DUI Attorney


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Wisconsin OWI Law

While the DUI laws around the country are often called drunk driving laws, they do not actually prohibit driving while drunk. They prohibit driving while a person is under the influence of alcohol or other intoxicants. This means that, even after a few drinks, you may be considered too impaired to operate a motor vehicle in the state of Wisconsin. When you are charged with this type of offense, you face criminal penalties including fines, jail time, and the loss of your driving privileges. Even worse than these penalties is the fact that you will have a criminal record if you are convicted of operating a vehicle while intoxicated. This can make it difficult to keep a job or to get where you need to go to carry out your usual activities. If you want to be able to continue your life as usual, you will need to contact a Wisconsin DUI attorney immediately after your arrest for a DUI offense. Having a skilled Wisconsin DUI lawyer on your team can give you the best chance of beating the DUI charges or minimizing the penalties imposed if you are convicted.

Wisconsin OWI Laws and Arrests

In Wisconsin, it is against the law to operate a motor vehicle while intoxicated. This means that you don't necessarily have to be driving the vehicle to be arrested for a DWI offense. Having the keys to the vehicle and being able to operate the vehicle in any way is grounds for being charged with a DWI offense. This is true even if the vehicle is parked and the keys are not even in the ignition. In addition to the illegality of driving while intoxicated, Wisconsin DWO laws also make it illegal for the driver or operator of a vehicle to drive with a blood alcohol concentration level of 0.08% or greater. If you have had more than three DWI convictions, the legal limit is 0.02%.

Two or more OWO convictions occurring after 1/1/89 will stay on your driving record for the rest of your lifetime. If you have one violation within 10 years and another offense outside of that ten year period, your current offense will only be charged as a first offense. If you accumulate a third offense, then the other two offenses will always count against you. If you have a first offense conviction with a BAC of 0.08% to 0.10%, the Wisconsin Department of Transportation will purge this conviction from your driving record as required by law. In any other circumstances, the offenses will remain on your driving record for the rest of your life. Keeping your driving privileges and avoiding a criminal conviction are serious matters. Having a Wisconsin DUI attorney on your side can help you to minimize the impact of a DUI charge in Wisconsin.

Wisconsin OWI Vehicle Consequences

There are several penalties that can be imposed that involve your vehicle. If you accumulate a third or subsequent offense, your vehicle can be seized by the courts and sold with the proceeds of the sale going to the court. You may also be required to turn your vehicle title over to the clerk of courts where the clerk will stamp the title with a stamp that prohibits the title transfer unless prior approval from the court is obtained. You may also be required to install an ignition interlock device on your vehicle if convicted of a DWI charge. This device requires that you give a breath sample prior to starting the vehicle. If your breath sample has any measurable level of alcohol in it, the vehicle will not start. This device must be installed and maintained at your own expense. Your vehicle can also be immobilized so that it cannot be driven anywhere. Immobilizing the vehicle means that a device is used to prevent a driver from being able to operate the vehicle. A wheel lock or a club may be installed to prevent you from driving.

Wisconsin OWI Criminal Penalties

The criminal penalties for a conviction for operating a vehicle while intoxicated increase with each offense and can be severe. A first offense conviction can result in license revocation of 6 to 9 months, a surcharge of $355, and fines of $150 to $300. For a second offense, the penalties increase to 5 days to 6 months of jail time, 12 to 18 months of license suspension, fines of $350 to $1,100, and an OWI surcharge of $355. A third offense increases the penalties to fines of $600 to $2,000, an OWI surcharge of $355, 30 days to one year in jail and a license revocation period of two to three years. A fourth offense can result in penalties of fines of $600 to $2,000, an OWI surcharge of $355, 60 days to one year of jail time, and two to three years of license revocation. A fifth or subsequent offense will result in 6 months to 5 years of jail time, fines of $600 to $2,000, a license revocation period of two to three years, and an OWI surcharge of $355.

Getting Help with Wisconsin OWI

Operating a vehicle while intoxicated is a serious offense that can result in penalties including fines, jail time, and license suspension. These penalties have the power to impact every aspect of your life from your career to your family life. If you want to have a shot at defending yourself successfully against these charges, you must contact a Wisconsin DUI lawyer immediately after your arrest for a DUI offense. While no lawyer can guarantee that you will win your case, having a skilled Wisconsin DUI attorney on your team should give you some peace of mind in knowing that you will have the best defense possible when it is time for your criminal case to proceed.

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