Legal Question in DUI Law in Wisconsin

I've been arrested for DUI - what they could do to me?


Asked on 11/10/11, 3:24 am

2 Answers from Attorneys

JAY Nixon nixon law offices

Depending upon how many previous OWI arrests you have had, penalties for conviction in WI can range from four years in prison all the way down to a fine and loss of license. Any time one is arrested in WI for DUI (also known as drunken driving or OWI, standing for operating while intoxicated), one should immediately seek legal advice from an experienced criminal lawyer. Timing is critical because the state DOT will administratively revoke your driver�s license in only 30 days unless you request a hearing within 10 days after your arrest, before you even get to court on the underlying charge. This loss of license will stick even if you beat the underlying charge or are ultimately found not guilty by a judge or a jury. Arresting officers will generally provide you with forms for that purpose along with your original paperwork, although your attorney can also draft the necessary paperwork if you have lost it. If you request the hearing within ten days, you will at least get the opportunity to have a hearing before your license is taken. At minimum, this hearing provides a great opportunity for you lawyer to evaluate the strength of the underlying OWI case against you very early in the process. He or she can then recommend a strategy to you for getting the best possible result in your case, which could range from filing motions to dismiss due to insufficient probably cause to arrest you, a jury trial, or an attempt at plea bargaining. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are; however, always welcome to contact my office in Racine to discuss any additional questions which you may have. Answers may also contain advertising materials.

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Answered on 11/22/11, 4:44 am
JAY Nixon nixon law offices

Depending upon how many previous OWI arrests you have had, penalties for conviction in WI can range from four years in prison all the way down to a fine and loss of license. Any time one is arrested in WI for DUI (also known as drunken driving or OWI, standing for operating while intoxicated), one should immediately seek legal advice from an experienced criminal lawyer. Timing is critical because the state DOT will administratively revoke your driver�s license in only 30 days unless you request a hearing within 10 days after your arrest, before you even get to court on the underlying charge. This loss of license will stick even if you beat the underlying charge or are ultimately found not guilty by a judge or a jury. Arresting officers will generally provide you with forms for that purpose along with your original paperwork, although your attorney can also draft the necessary paperwork if you have lost it. If you request the hearing within ten days, you will at least get the opportunity to have a hearing before your license is taken. At minimum, this hearing provides a great opportunity for you lawyer to evaluate the strength of the underlying OWI case against you very early in the process. He or she can then recommend a strategy to you for getting the best possible result in your case, which could range from filing motions to dismiss due to insufficient probable cause to arrest you, a jury trial, or an attempt at plea bargaining. My comments here are not legal advice, nor do they create an attorney client relationship between us; rather they are only for public educational purposes on this website. You are; however, always welcome to contact my office in Racine to discuss any additional questions which you may have. Answers may also contain advertising materials.

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Answered on 11/22/11, 4:49 am


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