Wisconsin DUI Laws and Attorneys
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Wisconsin historically has been labeled the "Beer Capital of the World" and home to some of America's largest brewers. The states symbolic status is true, as Milwaukee (the beer that made Milwaukee famous) is commonly referred to as the “Brew City” and was voted "America's Drunkest City" in 2007 by Forbes.com.
But don’t assume that Wisconsin’s DUI laws and penalties are tipsy too. Wisconsin’s legislators have been setting harsher goals for DUI laws and are getting tougher in their enforcement.
In Wisconsin the term DUI means Driving While Intoxicated and not exercising the normal use of mental or physical faculties by reason of ingestion of alcohol, a controlled substance, and other intoxicants.
Every driver in Wisconsin has given their ‘implied consent’ for a blood alcohol content test (BAC) when they received a license. This means their breath, blood, or urine will be tested for alcohol and/or drugs when under the suspicion of a Wisconsin DUI charge. You should note that you have the right to a second test at your own expense at a place of your choice. When blood is drawn with or without a request from law enforcement, it is extremely important to have your Wisconsin DUI attorney contact the hospital or lab immediately with notice of the federal confidentiality law and to assert your patient’s rights regarding confidentiality of medical records.
The Wisconsin DUI ‘per se’ law states that a blood alcohol content of .08% by itself constitutes impairment to a degree that you are assumed to be unsafe behind the wheel. However, you can also be prosecuted for driving ‘under the influence’ if it can be proven that you were driving in an unsafe manner. Under this theory circumstantial evidence, such as slurred speech, blood shot, watery eyes, unbalanced coordination, hazardous driving, and field sobriety tests can be proof that a driver was ‘under the influence’.
If you haven’t been drinking or you believe that you might have been “impaired” from a benign source such as alcohol based paint or solvents, mouthwash, prescription or over-the-counter drugs be aware that you can still be arrested for a Wisconsin DUI, even though you are not “legally drunk”, and are still subject to ALR (automatic license revocation).
After being charged with a Wisconsin DUI you’re going to face two adversaries: the criminal courts, and the Wisconsin Department of Transportation (DOT), License and Vehicle Services. If your license was suspended or revoked because of a DUI, you will be offered a formal hearing.
You have the right to make a request within 10 days for an administrative hearing (after receiving notice of license suspension) with the Wisconsin DOT to try avoiding losing your driving privileges. Your license will be lost if a hearing is not requested, for not appearing, or for an unsuccessful outcome. And DOT sanctions can also be imposed even if you are found not guilty in a criminal court case.
DOT hearings may be a crucial opportunity to let your Wisconsin DUI defense attorney cross-examine and rebut testimony, confront evidence offered by those involved in your arrest and investigation. It is possible to receive a driver’s license suspension for a DUI conviction and a suspension for a BAC test refusal or failure. DOT and court penalties may seem similar, but are separate, and generally run concurrently (at the same time).
Be advised that Wisconsin has an out-of-state Driver’s License Compact Agreement. This means that Wisconsin DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Wisconsin DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Wisconsin DUI specialist. In any case, when you are stopped and arrested for suspicion of a Wisconsin DUI, request to see a DUI attorney, the sooner the better.
– Info You Should Know –
Was I Stopped Legally?
Basically you were stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests, and chemical tests.
Not all reasons offered by officers are legal. Check with a Wisconsin DUI attorney who will examine all the different aspects of your case, will defend you aggressively and try to mitigate any penalties.
Should I Have Talked To the Cop?
Remember that you don’t have to answer any questions that will incriminate you. Most people say that they have had a "couple of drinks” which is not necessarily incriminating. However such "statements of consumption" will be used against them in court or at a hearing.
And if you plan to refuse a sobriety test – which may not be the best action – you should inform the officer who stopped you that you would rather wait until instructed by a Wisconsin DUI lawyer. But be advised if you refuse the test under the implied consent law you can lose your license on the spot, and probably for many months.
Did I Have A Right To Make A Call?
The police are not required to advise you of this right. But once a request is made, they are obligated to provide an opportunity to make a call, hopefully to a Wisconsin DUI specialist.
I’m Simply Going To Plead Guilty, Why Do I Need A Wisconsin DUI Lawyer?
The penalties and the numerous, complicated laws relating to motor vehicles, DUI charges and Wisconsin drunk driving laws should be taken very seriously. Wisconsin DUI convictions and penalties can be long lasting and severe, both in court and with the Wisconsin Department of Transportation, License and Vehicle Services, which regulates your driving privileges.
Experienced and skilled legal counsel may be able to help maximize your defenses thereby mitigating your penalties. A Wisconsin DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights.
When considering consulting a Wisconsin DUI attorney, take into account the impact of a criminal conviction: possible loss of voting privileges, increased cost or cancellation of auto insurance, lost educational opportunities, inability to rent or own cars, restrictions on travel, damage to security clearances, job barriers, possible harm to professional credentials or certifications, and the loss of freedom. Don’t you think these rights, possessions, achievements and abilities are worth protecting?
What’s A Wisconsin DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with driving while intoxicated is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on skillful help from a Wisconsin DUI attorney might save them thousands of dollars in the years to come.
What Are Court Costs?
Additional costs outside of the fine for court or administrative services, regulated by state penal or vehicle codes violated. They can be costly.
Did I Have To Take a Field Sobriety Test (FST)?
Unlike blood and breath testing, submitting to a "field sobriety test" is voluntary, but do not expect an officer to inform you of this. According to the National Highway Traffic Safety Administration (NHTSA), the only tests that have been shown to have some relevance to establishing legal intoxication are the One Leg Stand, the Heel-to Toe and the Horizontal Gaze Nystagmus (HGN). The results of these tests will be entered as evidence against you. But even under laboratory conditions, these tests have only been established to be accurate in predicting blood alcohol content above .10% in 66% to 77% of the time.
What if I Refused To Take a BAC (blood alcohol content) Test?
Refusal can carry penalties which may be more severe than a DUI conviction. The arresting officer will take your license and it will be automatically suspended. You may request a hearing within 10 days of the arrest to contest the validity of the confiscation or driver’s license suspension.
This hearing is not a trial and producing evidence of innocence and the burden of proof bears upon the accused.
Can I Plea Bargain?
After being arraigned, your Wisconsin DUI attorney will meet with the prosecutor to negotiate the merits of your case. Court dates are crowded so it is not unusual for a DUI case to seem mired in delays. However, delay can work to your benefit as prosecutors and judges work to try to clear court calendars.
A plea bargain means that you agree to plead guilty to some lesser charge or having your attorney and prosecutor mitigate the penalties. The plea bargain is extremely advantageous to anyone accused of a Wisconsin DUI, but remember even a conviction to a lesser charge will still count as a ‘prior’ for calculating penalties for future offenses.
It is next to impossible to plea bargain a Wisconsin drunk driving charge without an experienced Wisconsin DUI lawyer. Often effective DUI counsel will be able to negotiate a plea to a lesser charge.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DUI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Wisconsin DUI specialist, specialized pleas or plea bargaining is not possible.
Is Being Punished by the Wisconsin DOT and the Criminal Courts Double Jeopardy?
Like most states, Wisconsin law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to civil liberties. The Wisconsin Department of Transportation, License and Vehicle Services administers driver’s licenses, imposes civil penalties, serves as the judge, jury and also deals out punishment.
What if I Am An Out-Of-State Driver?
Wisconsin DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Wisconsin DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What is a “Look Back” Period?
A look back period is the amount of time that has to pass before a judge can look back into your driving record to use past convictions to increase present penalties. In Wisconsin it is 10 years from past arrest date to present arrest date. This means that anyone arrested for a DUI within 10 years of a present offense will be charged with a ‘prior’, with increased penalties and punishment.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with presumption of innocence, but once convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things including the number of prior convictions including any previous Wisconsin administrative or criminal court drunk driving suspensions, for refusal to submit to a BAC test, or any ‘operating while intoxicated’ convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle, or even have your vehicle seized and forfeited.
Are There Alternatives to Jail?
Your Wisconsin DUI specialist may be able to make arrangements for drug and alcohol rehabilitation programs, sober living homes, home arrest with electronic monitoring, work release programs and community service.
Can I Get An Occupational Driver's License?
Wisconsin law provides for the possibility of an immediate occupational license that allows you to drive to work, court ordered programs, school, and medical needs. Depending on your offense and record you may have to undergo a waiting period.
What About Enhanced Punishments For Wisconsin DUI Convictions?
Many circumstances may lead to sentence enhancements: prior DUI convictions, an elevated BAC level (BAC of .17%), speeding, reckless driving, and causing an accident with injuries or property damage.
Any time you face multiple or ‘aggravated’ charges, or if death, injuries or sizeable property damage occurs, the fallout for Wisconsin multiple convictions will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and a loss of license and vehicles for years, if not permanently. In case of death or injury an offender can be fined up to $100,000 and be jailed up to 40 years.
Consequently, we strongly recommend retaining an experienced Wisconsin DUI attorney in order to secure the best possible outcome of a potentially severe situation.
What About My Insurance?
Your insurance rates will probably increase or be cancelled. An SR – 22 high risk insurance may be required. The state estimates that insurance premiums can escalate to over 300% in 5 years. Rates for your family members, or even for your employer (if you use a company car), may increase as well.
– Wisconsin DUI Criminal Penalties –
1st Offense
Civil, non-criminal offense.
$150 to $300 fine.
$355 DUI surcharge.
60 days to 9 months loss of license.
Eligible for an occupational license.
Alcohol assessment/substance abuse programs/DUI school.
6 points against driver’s license.
2nd Offense (Within 10 years)
$350 to $1,100 fine.
5 days to 6 months in jail.
1 year to 18 months loss of license.
$355 DUI surcharge.
Alcohol assessment/substance abuse programs.
60 days to 1 year waiting period for occupational license (depending on priors).
Possible immobilization, installation of ignition interlock device, or seizure of vehicle.
6 points against driver’s license.
SR – 22 high risk insurance required.
3rd Offense (Within Offender’s Lifetime)
$600 to $2,000 fine.
30 days to 1 year in jail.
2 to 3 years loss of license.
$355 DUI surcharge.
Alcohol assessment/substance abuse programs.
90 days to 1 year waiting period of occupational license.
Court/DOT may freeze title of vehicle.
Possible immobilization, installation of ignition interlock device, or seizure of vehicle.
6 points against driver’s license.
SR – 22 high risk insurance required.
4th Offense
$600 to $2,000 fine.
60 days to 1 year in jail.
2 to 3 years loss of license.
$355 DUI surcharge.
Alcohol assessment/substance abuse programs.
90 days to 1 year waiting period of occupational license.
Possible immobilization, installation of ignition interlock device, or seizure of vehicle.
6 points against driver’s license.
SR – 22 high risk insurance required.
BAC level not to exceed .04%.
5th Offense
$600 to $10,000 fine.
6 months to 6 years in jail.
2 to 3 years loss of license.
$355 DUI surcharge.
Alcohol assessment/substance abuse programs.
90 days to 1 year waiting period of occupational license.
Possible immobilization, installation of ignition interlock device, or seizure of vehicle.
6 points against driver’s license.
SR – 22 high risk insurance required.
BAC level not to exceed .04%.
Refusing BAC Test
1st refusal:
1 year loss of license.
30 days waiting time for occupational license
2nd refusal:
2 years loss of license.
90 days to 1 year waiting period for occupational license.
3rd refusal:
3 years loss of license.
120 days to 1 year waiting period of occupational license.
Underage DUI
Zero tolerance (“Not a Drop Law”, i.e., no measurable amount of alcohol BAC test).
$200 fine.
3 months loss of license.
Eligible for occupational license immediately or up to 15 days.
4 points against driver’s license.
Court may stay sentence for 1st offense with participation in substance abuse program.
Underage Alcohol conviction records of juveniles (under age 17) are sealed except for the court and parents.
Using a False ID to Procure Alcohol/In Possession and/or Underage Consumption
$200 to $1,000 fine (depending on record of prior convictions).
3 months to 2 years loss of license.
Possible supervised work program.
4 points against driver’s license.
Commercial License
1st Offense BAC of .04% (in any vehicle):
1 year loss of license.
$100 fine.
Total sobriety required.
3 years loss of license transporting hazardous materials with DUI.
1st Offense (BAC .04% to .08%):
$150 to $300 fine.
1 year loss of license.
2nd Offense
Lifetime disqualification.
$300 to 1,000 fine.
1 year in jail.
Lifetime disqualification for using vehicle to dispense drugs.
No eligibility for occupational license.
BAC Test Refusal
1st: 1 year loss of license.
2nd: Lifetime loss of license
Enhanced Penalties
All fines can be doubled for:
BAC of .17% and over.
3rd or subsequent DUI offenses.
Passenger (under 16 years) in the vehicle at the time of the offense.
Pregnant woman in the vehicle at the time of the offense.
BAC of .20%, 3 times original fine.
BAC over .249. %, 4 times original fine.
– Wisconsin DOT Administration Sanctions –
The Wisconsin Department of Transportation, License and Vehicle Services has authority to impose penalties on driver’s licenses. Generally the criminal court system levies Wisconsin DUI sanctions and the DOT makes sure that the various drivers’ license penalties are implemented.
– Disclaimer –
Only experienced Wisconsin DUI attorneys should provide you with bona fide legal advice concerning Wisconsin DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Wisconsin DUI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Wisconsin DUI attorney specializing in DUI cases.
– Citations –
Virginia State Statutes; 343/346//346.63/125/
