Charged With a DUI? What Are My Rights?

McLario, Helm, Bertling, & Spiegel, S.C.

Charged with a DUIIn Wisconsin, a DUI charge is known as an OWI, or operating under the influence charge. Having professional Wisconsin personal injury attorneys can possibly get your charges decreased and get your life back on track.

How Wisconsin defines intoxication

If your blood alcohol content is 0.08 percent or greater, you are intoxicated. If you drive under the influence of any intoxicant, you will be charged. Driving with a prohibited or regulated drug in the blood allows for them to charge you. If you are caught driving with any type-controlled drugs in your system, an officer can charge you.

Penalties for OWI

For first-time offenders, you can face fines of $150 to $300 plus a $365 surcharge. You will have a license suspension for 6 to 9 months and be subject to an alcohol assessment. You may be required to use an Ignition Interlock System. These fines, suspension and driving points on your license increase with each offense.

Your rights

First of all, it is the officer’s responsibility to provide proof of the charge. You may refuse to take a hand-held test at the scene. You’ll be taken to jail and be expected to take a test there if you so choose.

You’ll also be available for an occupational license. This allows you to go to school and to work. Having an occupational license may also require you to have an Ignition Interlock System, which will not allow you to crank the car if you are intoxicated.

What you should do

You may be able to plea for a lesser charge of reckless driving. An experienced attorney can help with this or if you were in a parked vehicle and an officer charges you.

McLario, Helm, Bertling & Spiegel, S.C. are knowledgeable in Wisconsin OWI laws and can fight for you. They have the backbone to stand up to the big dogs to get you a possible lesser charge or reduced


Contact our Menomonee Falls criminal attorneys to schedule a free case evaluation.
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