Wisconsin Drunk Driving Defense

What it takes to Win

Defense of individuals facing drunk driving charges is a highly technical and specialized area of practice. It 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 its effects on the human body. It 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 — nonscientific, highly subjective and unreliable tests designed for failure. To 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.

Our firm 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. We are passionate about what we do and it shows. We never give up, and we never back down. We have successfully defended hundreds of individuals against the power and resources of the State, which has earned us one of the highest success rates in the State.  We are ready to do the same for you. Check out our Winning Cases News Room and see some of the extraordinary results we have achieved for our clients.

Our initial consultation is free. We will sit down with you and take the time to fully discuss your legal options and rights with you. We have evening and weekend appointments available for your convenience.

You are not alone in this. We are here to help you, all the way. Schedule a meeting in our Waukesha office or Milwaukee office, or a phone conference with us and get the personal attention and top quality defense you deserve. We are ready to go to work defending you against the following types of charges (partial list):

 

For more information and OWI DUI DWI related resources specific to Waukesha and Milwaukee counties, please visit our Milwaukee Drunk Driving Defense Resources and Waukesha Drunk Driving Defense Resources pages.

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Illinois Drivers — Special Considerations

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.   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.

Why?  How does this happen?  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."  Court supervision usually involves the driver's license being suspended for a few months, and the driver is ordered to attend classes.  Upon successful completion of these things, the DUI case is then dismissed.  The end result = no DUI conviction.  This alternative resolution is offered to the Illinois driver several times before the DUI arrest eventually results in a DUI conviction.  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’s license, even for a first offense, can be devastating.

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.

Contact us as soon as possible to schedule a free consultation to discuss your case.  For your convenience, we have made day and evening appointments available, as well as weekend appointments.

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Click here to visit our News Room and read about recent Drunk Driving Cases Won by Attorney French.

 

OWI DUI DWI Sentencing Guidelines

Sentencing is a complex process that no individual or attorney should take lightly. Every attempt should be made to minimize the negative points in your case, and identify / emphasize the positives. You should consult with an attorney before making any decisions about your case and never rely solely on information found on the Internet.

You need Adobe Acrobat Reader to view the sentencing guidelines in PDF format.  If you do not have Acrobat Reader, you can download it for free at the Adobe web site.  [DOWNLOAD A FREE ACROBAT READER NOW]

Guidelines By County

Adams, Ashland, Barron, Bayfield, Brown, Buffalo, Burnett, Calumet, Chippewa, Clark, Columbia, Crawford, Dane, Dodge, Door, Douglas, Dunn, Eau Claire, Florence, Fond du Lac, Forest, Grant, Green, Green Lake, Iowa, Iron, Jackson, Jefferson, Juneau, Kenosha, Kewaunee, La Crosse, Lafayette, Langlade, Lincoln, Manitowoc, Marathon, Marinette, Marquette, Menominee, Milwaukee, Monroe, Oconto, Oneida, Outagamie, Ozaukee, Pepin, Pierce, Polk, Portage, Price, Racine, Richland, Rock, Rusk, Sauk, Sawyer, Shawano, Sheboygan, St. Croix, Taylor, Trempealeau, Vernon, Vilas, Walworth, Washburn, Washington, Waukesha, Waupaca, Waushara, Winnebago, Wood

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Guidelines By District

	Statewide OAR/OWS Guidelines
	First Judicial District Sentencing Guidelines Milwaukee County Milwaukee County Courthouse 901 N. 9th Street, Room 609 Milwaukee, WI 53233-1425 Phone: (414) 278-5115
	Second Judicial District Sentencing Guidelines Kenosha, Racine, Walworth counties District Court Administrator's Office Racine County Courthouse 730 Wisconsin Avenue Racine, WI 53403-1274 Phone: (262) 636-3133 Fax: (262) 636-3437
	Third Judicial District Sentencing Guidelines Jefferson, Ozaukee, Washington, Waukesha counties Waukesha County Courthouse 515 W. Moreland Blvd., Room C-359 Waukesha, WI 53188-2428 Phone: (262) 548-7209 Fax: (262) 548-7815
	Fourth Judicial District Sentencing Guidelines Calumet, Fond du Lac, Manitowoc, Sheboygan, Winnebago counties District Court Administrator's Office 315 Algoma Blvd., Suite 102 Oshkosh, WI 54901-4773 Phone: (920) 424-0027 Fax: (920) 424-0096
	Fifth Judicial District Sentencing Guidelines Dane, Green, Lafayette, Rock counties City-County Building 210 Martin Luther King Jr. Blvd. Madison, WI 53709-0001 Phone: (608) 267-8820 Fax: (608) 267-4151
	Sixth Judicial District Sentencing Guidelines Adams, Clark, Columbia, Dodge, Green Lake, Juneau, Marquette, Portage, Sauk, Waushara, Wood counties District Court Administrator's Office 2957 Church Street, Suite B Stevens Point, WI 54481-5210 Phone: (715) 345-5295 Fax: (715) 345-5297
	Seventh Judicial District Sentencing Guidelines Buffalo, Crawford, Grant, Iowa, Jackson, La Crosse, Monroe, Pepin, Pierce, Richland, Trempealeau, Vernon counties District Court Administrator's Office La Crosse County Law Enforcement Center 333 Vine Street, Room 3504 La Crosse, WI 54601-3296 Phone: (608) 785-9546 Fax: (608) 785-5530
	Eighth Judicial District Sentencing Guidelines Brown, Door, Kewaunee, Marinette, Oconto, Outagamie, Waupaca counties District Court Administrator's Office 414 E. Walnut, Suite 221 Green Bay, WI 54301-5020 Phone: (920) 448-4281 Fax: (920) 448-4336
	Ninth Judicial District Sentencing Guidelines Florence, Forest, Iron, Langlade, Lincoln, Marathon, Menominee, Oneida, Price, Shawano, Taylor, Vilas counties District Court Administrator's Office 2100 Stewart Avenue, Suite 310 Wausau, WI 54401 Phone: (715) 842-3872 Fax: (715) 845-4523
	Tenth Judicial District Sentencing Guidelines Ashland, Barron, Bayfield, Burnett, Chippewa, Douglas, Dunn, Eau Claire, Polk, Rusk, St. Croix, Sawyer, Washburn counties District Court Administrator's Office 4410 Golf Terrace, Suite 150 Eau Claire, WI 54701 Phone: (715) 839-4826 Fax: (715) 839-4891

 Top    Guidelines By County    Guidelines By District

DOT Administrative Suspensions
     

Actions Required of Officer Upon Arrest

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’s license and forward it to the DOT. The Wisconsin operating privilege is then administratively suspended for 6 months.  The arrestee is provided with a pink form, called the Notice of Intent to Suspend Operating Privilege.  This form serves as a temporary license and is valid for 30 days.

Requesting the Administrative Review

Along with the pink Notice of Intent to Suspend, the officer must provide the arrestee with a yellow Administrative Review Request form.  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).  Failure to mail the form within 10 days effectively waives your right to a review.  Instructions on how to request an administrative review are printed on the form.

The Administrative Hearing

The DOT must hold the administrative suspension review hearing within 30 days after the date of notification.  The arrestee may present evidence and may be presented by an attorney.  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.

The hearing is limited to the following issues:

1. the correct identity of the person;
2. whether the person was informed of the options regarding tests;
3. whether the person had a prohibited alcohol concentration at the time the offense allegedly occurred;
4. whether one or more tests were administered in accordance with the Implied Consent Law;
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
6. whether probable cause existed for the arrest.

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

Decision of Hearing Examiner

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’s driving privilege.  If the examiner finds otherwise, the administrative suspension will continue.

Notice of Decision, Judicial Review, and Stay of DOT Decision

Along with the notice of the hearing decision, the hearing examiner must notify the arrestee in writing of the right to judicial review.  The notice should also inform the arrestee of the court’s authority to issue a stay of the suspension.  If the hearing examiner fails to mail the  notice within 30 days after the date of the notification, the administrative suspension is vacated and the operating privilege is automatically reinstated.

Occupational Licenses

An occupational license is a restricted driver's license. The Department of Transportation (DOT) limts your driving in terms of times of day and places to which you may drive.  You may only drive to and from work, church, or other places (e.g., medical or treatment/counseling) indicated on the license.  You may not use an occupational license for recreational purposes or to operate a commercial motor vehicle.  Your total drive 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.

How to Apply

To apply for an occupational driver’s license, your regular license must first be revoked or suspended.  The DOT has recently made an instructional video available online, entitled, “How to get an occupational license.”   The information in the video will provide you with the steps you need to take to get your occupational license.  The DOT has also made available supplemental information on the occupation license, “Occupational License Information,” and a sample DOT occupational license application.

There are many other requirements you must satisfy before becoming eligible for an occupational license.  Contact our office today to learn more about the application process.

 

How many drinks does it take?

Determining how many drinks equals 0.08 blood alcohol level begins with defining what “a drink” means.   According to the Bureau of Transportation Safety, Wisconsin
Department of Transportation:

1 drink = 0.54 oz of alcohol

0.54 oz of alcohol is found in:

• 1 ounce liquor (100 proof)
• 12 ounces beer
• 4-5 ounces wine
  
  

The Bureau of Transportation Safety, Wisconsin Department of Transportation has produced the following tables as a guide to estimating a person’s blood/breath alcohol content (BAC). Start by finding the number on the chart that reflects a person’s weight and the number of drinks consumed.  Take this number from the chart and subtract from it the amount of alcohol eliminated since the time of the first drink, using the average rate of .015 per hour.

	Alcohol Chart (men)
	Number of Drinks (per hour)
Body weight	1	2	3	4	5	6
120 lbs.	.031	.063	.094	.125	.156	.188
130 lbs.	.029	.058	.087	.116	.145	.174
140 lbs.	.027	.054	.080	.107	.134	.161
150 lbs.	.025	.050	.075	.100	.125	.151
160 lbs.	.023	.047	.070	.094	.117	.141
170 lbs.	.022	.045	.066	.088	.110	.132
180 lbs.	.021	.042	.063	.083	.104	.125
190 lbs.	.020	.040	.059	.079	.099	.119
200 lbs.	.019	.038	.056	.075	.094	.113
210 lbs.	.018	.036	.053	.071	.090	.107
220 lbs.	.017	.034	.051	.068	.085	.102

EXAMPLE:  If a 180 lb. male had five drinks in two hours, his BAC would be 0.74.
 .104 (from the chart) – (.015/hr x 2 hrs) = .074

 

	Alcohol Chart (women)
	Number of Drinks (per hour)
Body weight	1	2	3	4	5	6
90	.053	.106	.159	.212	.265	.318
100	.047	.094	.141	.188	.235	.282
110	.042	.084	.126	.168	.210	.252
120	.038	.076	.114	.152	.190	.228
130	.036	.072	.108	.144	.180	.216
140	.033	.066	.099	.132	.165	.198
150	.031	.062	.093	.124	.155	.186
160	.028	.056	.084	.112	.140	.168
170	.027	.054	.081	.108	.135	.162
180	.026	.052	.078	.104	.130	.156

EXAMPLE:  If a 120 lb. female has two drinks within an hour, her BAC would be .061
 .076 (from the chart) – (.015/hr x 1 hr) = .061

 

Effective OWI DUI DWI Defense
for Medical Professionals

Our firm specializes in defending Wisconsin health care professionals against drunk driving charges.  We work closely with the the Wisconsin Department of  Regulation and Licensing (DLR) and the relevant professional boards to help our clients keep their licenses, or to obtain their licenses if they are still in training.  Call or email us today to discuss how we can help to safeguard your career while defending you against drunk driving charges.

For more information on how our firm can defend you against OWI charges and the loss of your professional license, please visit our Defending Health Care Professionals page.  There you will find helpful links, and can read about cases we've won for our medical professional clients.