Updated on February 22nd, 2022 at 10:14 pm
This depends on a multitude of factors. The main factor will be if the arresting agency reports to WI CCAP. Municipal courts typically do not report to WI CCAP making it easier to keep your charges private.
No attorney should guarantee results. If you have an attorney guaranteeing an outcome to you I would run the other way.
Door county does have electronic monitoring, however it is limited to specific criminal charges. If you are facing a drunk driving charge you are NOT eligible for electronic monitoring.
Why not have the best of both worlds? Statewide experience and the local knowledge. Attorney Dineen lives in Sister Bay, WI, but practices impaired driving and criminal defense all across the state. We have 5 offices to help with your legal needs.
Attorney Nate Dineen regularly takes cases in both Door and Kewaunee County. Nate knows the local court procedures, district attorneys and judges.
Great question! Each case is different, it depends on which county you are in, the judge’s calendar, and now Covid. Covid has slowed everything down significantly.
We have two offices and can meet clients at either our sister bay or sturgeon bay office by appointment 24 hours a day.
Too many to count, hundreds of cases from Kenosha to Marinette and every county in between.
Every case is different. For criminal matters our firm charges a flat fee to do a full review of your case. This fee includes 24/7 access to our attorneys by email and cellphone. Excluding some special exceptions, the only time an additional fee would be due would be if you, the client, decide to go to take your case to trial.
I personally have over a decade of experience exclusively handling WI DUI cases across the state. I have appeared in every county in eastern Wisconsin and a significant amount of the municipal courts.
If your blood alcohol concentration comes back high it will impact your OWI, whether it is an increased license suspension, fine, or more jail time. It is my job to bring the increased penalties back down.
It depends on when your prior OWI occurred. If your prior OWI was within ten years, the answer is yes, you are looking at a criminal charge, potential conviction, and mandatory jail sentence. The mandatory minimum is 5 days, the maximum 6 months.
A first offense OWI is a civil offense, meaning non-criminal. You are still looking at losing your license, heavy fines, and an alcohol assessment. No matter what offense you are charged with I highly recommend you get an attorney to review your case. The penalties for an OWI extend much further than your wallet and your license.
Field sobriety tests are very difficult to perform. You can fail sobriety tests before you even start them. Officers are looking at clues you did not even know existed to use against you. Attorney Nate Dineen has reviewed thousands of field sobriety tests. We recommend reaching to see how you performed yours.
Contact us immediately. If you refused your blood or breath test, the arresting officer should have provided you with a Notice of Intent to Revoke you driver’s license. In WI refusal penalties are double the OWI minimum penalties. You need an attorney immediately.
Call Us immediately, a WI DUI Test Refusal has special timelines you must adhere to. If you miss these timelines you are looking at penalties twice as stiff as a WI OWI.
Unfortunately, you cannot transfer your case to a different county or out of state. However, if you end up having to do jail time you may be able to transfer your sentence to your home county. If you are from another state you will not be able to transfer your case or sentence to your home state.
The quick answer is no. A boating OWI will not connect to your WI driver’s license. There are obviously other penalties but it will not impact your ability to drive a car.
In WI a THC OWI and an Alcohol OWI are considered the same for sentencing purposes. If you are charged with either I would give us a call.
If your last OWI conviction was outside ten years ago you are NOT looking at a criminal charge and jail time. Wisconsin has a ten year look back period so you will be facing another civil forfeiture citation.
Yes you should hire a WI DUI Defense Attorney because you may be looking at jail time, driver’s license suspension, and large fines.
Immediately. Wisconsin DMV suspensions have very specific timeframes to make try to protect your license. If you miss these timeframes you will automatically lose your license.
Wisconsin Drunk Driving Questions
No matter what type of criminal charge you face, our attorneys are prepared to help you fight back against the charges. We offer aggressive representation and we strive to provide quality service to each client. Contact us today for a free consultation.
What is an OWI?
An “OWI” (Operating While Intoxicated) is when someone drives or operates a vehicle while under the influence of alcohol or drugs. The law in Wisconsin makes it illegal to drive with any amount of alcohol or drug in your system. It’s also illegal to operate a motor vehicle if you have been drinking at all.
Is the first OWI a misdemeanor?
Wisconsin’s first OWI isn’t a misdemeanor; instead, it’s a civil offense. Despite being a civil matter, serious fines and penalties are involved, but misdemeanor penalties are excluded. Despite being a civil matter, you should hire a criminal defense lawyer to improve your defense and chances of winning the case.
When is an OWI offense classified as a misdemeanor?
Wisconsin laws classify second and third OWI offenses as misdemeanors. Because of this, they attract more severe penalties than first OWI offenses.
Fourth other OWIs that follow are classified as felonies and attract even more serious penalties. This classification was effected in April 2016. Before this, the fourth OWI was a felony only if it was within five years of the third offense. Today, no timeframe qualifies the fourth OWI as a felony.
What’s the difference between a misdemeanor and a felony OWI penalty?
The differences between the two are pronounced. For example, a third misdemeanor OWI offense attracts one year in jail and files up to $2,000, and license revocation for a maximum of three years.
However, a fourth OWI felony offense attracts a jail term of up to six years, a maximum fine of $10,000, and license revocation for three years max. Like misdemeanor penalties, felony penalties increase with subsequent charges.
How drunk do I have to be to be guilty of OWI/DUI in Wisconsin?
You do not have to be falling down drunk or even over the legal limit to be convicted of a Wisconsin DUI/OWI. The prosecutor from the office of the District Attorney needs only to convince the jury that you were impaired to the point where you could not drive safely.
What does PAC stand for?
PAC stands for “prohibited alcohol concentration.” This is what people commonly call the legal limit. It is against the law to drive or operate a motor vehicle on Wisconsin highways with a prohibited alcohol concentration.
If you have had two or fewer prior DUIs, the prohibited alcohol concentration is .08 or above. If you have three or more prior convictions, the prohibited alcohol concentration is any amount over .02.
What does alcohol concentration mean?
The term “alcohol concentration” refers to the number of grams of ethanol (the chemical compound found in alcoholic beverages) in 100 ml of blood or the number of gram of ethanol in 210 L of breath.
How many drinks will it take to reach the limit?
This depends on your weight. Generally, an individual weighing 140 lbs will need to take four drinks in 60 minutes to reach the blood alcohol content legal limit. The drink can be 12 oz. of beer, a shot of liquor, or 5 oz. of wine. A driver weighing 180 lbs will need five of any of these drinks to reach the legal limit.
Can I be convicted of both operating while intoxicated and being over the legal limit at the same time?
If you are charged with OWI, it is possible to be convicted of both operating under the influence (OUI) and driving with a blood alcohol content (BAC) above 0.08 percent. However, if you have been convicted of OWI before and you are again charged with OWI, you can only be convicted of one count of OWI on your criminal record.
What happens if I refuse a Breathalyzer test?
Refusing a Breathalyzer test can lead to additional penalties. If you refuse to take the test, you will lose your driving privileges for 90 days. You may also be subject to fines and jail time.
What is implied consent?
Implied consent means that by getting behind the wheel of a car, you agree to submit to a breath or urine test if requested by police officers. This includes drivers who are pulled over for other reasons such as speeding or failure to use turn signals.
Do I have to take a chemical test if the officer asks me to?
Under Wisconsin’s drunk driving laws, implied consent law you are deemed to consent to chemical tests if you drive on Wisconsin highways. You can refuse, but your license will be revoked and you may be subject to additional penalties.
What kind of chemical test do I have to take?
Wisconsin law allows police officers to administer breath, blood, or urinalysis tests. The law enforcement officer decides which test to administer. You can ask for an alternative test if you want one. The police must provide it at no cost. You can choose any alternative test you want, but you need to pay for it yourself.
What is a preliminary breath screening test and do I have to take it?
If the officer asks you to provide a sample for a preliminary breath screening, he or she will use a portable device at the site to administer the test. The officer may use your blood alcohol level to determine whether to arrest you.
The result isn’t admissible in court to show your blood alcohol level. You don’t have to submit to a preliminary breath screening test and your refusing doesn’t count as a refusal for the purpose of the implied consent law (which means you’re not required to take the test).
It’s best not to take the preliminary breath test as it provides your criminal defense attorney with a better chance of proving the arresting officer didn’t have a reason for arrest.
What is a refusal hearing?
A refusal hearing is requested for drivers who refuse to take evidentiary breath tests. The hearing is held to determine whether your refusal to submit to evidentiary tests is lawful or not. The hearing is separate from the regular criminal or traffic process you may face for DUI/OWI charges.
What issues are addressed in refusal hearings?
During the hearing, the court will seek to determine:
- If the officer had reason to believe the driver violated DUI laws and lawfully arrested them for it.
- If the arresting officer informed the driver of their obligation according to the implied consent law
- If the driver refused to take the chemical test, the arresting officer requested
What happens to my license if I refuse the test?
You have the right to request a court hearing within 10 days after your refusal. If you do not request the hearing or lose the hearing, you face license suspension for a year, or longer if you have prior refusals. There are additional penalties. See What happens if I refuse.
What happens to my license if I test over the legal limit for blood alcohol?
You have 10 days to request an administrative hearing to challenge the suspension. If you do not request the hearing or you lose at the hearing, you face loss of driving privilege’s for six months. You may receive an additional license revocation, plus other penalties, if you are convicted.
I was arrested for DUI and my test results showed I was over the legal limit. Should I just plead guilty?
No. You should get your case evaluated by an experienced DUI attorney Germantown. A drunk driving charge can be defended even when test results show a prohibited alcohol concentration. An experienced defense attorney will carefully investigate your DUI case to identify any number of possible defenses.
How long does a Wisconsin DUI stay on your criminal record?
A DUI charge appears on your criminal record only when you are convicted, in which case it’s permanent even after serving your sentence and paying court-ordered fines.
How long does Wisconsin DUI stay on your driving record?
According to Wisconsin law, a DUI conviction remains on your driving record for ten years. If you are convicted of a DUI again within ten years, the charge is considered a second DUI offense. However, if you are charged with a DUI offense ten years after the first offense, the new DUI is treated as a first offense.
Can a DUI conviction be expunged from my record in Wisconsin?
No, your DUI criminal records cannot be expunged. If a DUI conviction can be expunged, the court will include this during sentencing. Some rare cases where DUI records can be expunged include when a person was under 18 years when they committed the offense.
In such situations, the court shall rule that the individual’s records be expunged when they successfully complete their sentence. Successful completion of a sentence in Wisconsin means the person hasn’t gotten a subsequent DUI offense, and if they were on probation, their probation wasn’t revoked, and their probation officer okay’s the probation conditions.
Will expungement affect future DUI charges?
According to Wisconsin law, even if you manage to have your DUI charges expunged from your criminal record, the case is still a prior offense. As such, a subsequent DUI charge within 10 years of the first offense will attract harsher penalties.
Do OWI convictions show up on a background check?
Yes, DUI convictions will appear on your public record. Therefore, potential landlords, employers, and educational institutions will see the conviction when they run a background check on you. The 1st OWI offense might not show up on your CCAP since it’s not a criminal offense.
However, if the background check they run includes the Department of Transportation or the Wisconsin Department of Justice Crime Information Bureau, the charge will appear.
If my license is suspended or revoked, does that mean I can’t drive until the suspension or license revocation is over?
Not necessarily. You may be eligible for an occupational license. The license with stipulations allows the license holder to drive only certain hours, for specified purposes (work, school, necessary household errands), and over certain routes.
Will I go to jail if I am convicted?
You will not go to jail if this is your first offense. But you will have to pay fines and other penalties and your license will be suspended. A mandatory jail sentence and larger fines are possible for second or subsequent offenses. See Penalties.
What is an ignition interlock device?
An ignition interlock device is a device that is installed into the starting mechanism of a vehicle. It requires the driver to blow into it when starting the vehicle. It measures the driver’s alcohol concentration and prevents the vehicle from starting if the alcohol concentration exceeds a preset level.
Will I have to have an IID in my car if I am convicted?
Possibly. The court will order you to install an ignition interlock device on your vehicle and restrict your driving privilege to operating only vehicles equipped with the device if:
- You improperly refused to submit to a chemical test to determine the concentration of alcohol or drugs in your blood.
- You are convicted of OWI and you had an alcohol concentration of 0.15 or more at the time of the offense.
- You are convicted of OWI and you had one or more prior convictions.
If the judge orders you to install an ignition interlock device, you will be required to have it in your vehicle for at least one year, and possibly longer. You will be responsible for the cost of installation.
Are the rules different for drivers under 21?
Drivers under 21 are subject to all the same OWI laws as other drivers. They are also subject to some additional restrictions. It is illegal for a person who is under the legal drinking age of 21 to drive a vehicle with any trace of alcohol in his or her blood. See Minors and Alcohol. This is covered under the absolute sobriety law in Wisconsin.
Commonly known as ‘Not A Drop,’ the law stipulates that drivers under the legal drinking age cannot drive if they’ve consumed any amount of alcohol. If you are caught driving even after having a single drink of liquor, wine, or beer, you can be charged for violating the absolute sobriety law.
I was arrested for OWI. Will I lose my job because of this arrest?
No. Your employer has no obligation to fire you just because you were arrested for OWI. However, there are circumstances where employers may take action against employees based on their arrests. For example, your employer may require you to undergo a drug screening before returning to work. In addition, your employer may ask you about your criminal history, including whether you have ever been arrested for OWI.
I received a ticket for speeding and now I am facing a suspension of my license. What can I do?
If you receive a notice of administrative license suspension (ALS) you may request an administrative review hearing within 10 days of receiving the notice. At the hearing you must prove by clear and convincing evidence that you did not commit the traffic violation. The ALJ will decide whether to uphold the ALS. If you win the hearing, the ALJ will restore your license. If you fail to win the hearing, the ALS will remain in effect until the next scheduled hearing date. Experienced attorneys can help you prepare for the hearing and present your case.
My license was suspended due to a conviction for OWI. Can I get a long-term substitute license?
Yes. A long-term substitute license allows you to drive without having a valid driver’s license. It does not allow you to operate a commercial motor vehicle. To qualify for a long-term substitute permit, you must:
- Have a clean record
- Be able to demonstrate financial responsibility
- Not be currently serving a sentence for a felony or misdemeanor
- Not have had a license suspension or revocation since the last time you applied for a long-term permit
- Not have more than two convictions for OWI or DWI within five years
- Not have three or more convictions for OWI or one conviction for operating while intoxicated resulting in death or injury within ten years
- Not have an active warrant for your arrest
You must apply for a long-term license from the Department of Transportation (DOT). You cannot use your old license. Also, you may need to pay a fee when applying for a long-term replacement permit.
What is an SR-22 Insurance in Wisconsin?
SR-22 isn’t a type of insurance; instead, it’s a form an insurance company files on behalf of a high-risk driver that proves you have the minimum liability coverage Wisconsin needs. It’s also called the certificate of financial responsibility. The minimum insurance policies required in Wisconsin include:
- $25,000 per driver and $50,000 for every accident to cover bodily injury liability
- $10,000 for every accident to cover property damage liability
- $25,000 for each person and $50,000 for every accident to cover uninsured motorist coverage
How do I get SR-22 insurance in Wisconsin?
You can request the SR-22 insurance certificate from your insurance company and look for a different insurance provider. You’ll pay between $15 and $50 for your insurance company to send the certificate to the Wisconsin Department of Transportation. When the department receives it, they’ll reinstate your driving privileges if you meet other statutory requirements stipulated in your sentencing. Failure to get the SR-22 document when the court orders leads to the suspension of your vehicle registration.
How much does Wisconsin OWI affect car insurance rates?
Drivers charged and convicted of DUI experience a hike in auto insurance rates by between 28% and 371%. In Wisconsin, the insurance rates hike by about 46%. A driver with a clean driving record pays about $1,147 a year for car insurance, and this can hike to $1,674 a year after a DUI conviction.
How much does the SR-22 cost in Wisconsin?
On average the SR-22 costs between $62 and $122 a month, depending on the insurance company and the severity of your DUI offense. There’s also a one-time state fee for the paperwork.
How long do you need the SR-22 in Wisconsin?
Generally, DUI drivers should hold onto the SR-22 certificate for three years following the date they are eligible for their driving privileges to be reinstated. Insurance companies notify the DMV if you don’t renew or cancel the SR-22 policy.
How much does Wisconsin OWI affect my car insurance rate?
Drivers charged and convicted of DUI experience a hike in auto insurance rates by between 28% and 371%. In Wisconsin, the insurance rates hike by about 46%. A driver with a clean driving record pays about $1,147 a year for car insurance, and this can hike to $1,674 a year after a DUI conviction.
What is a sobriety program in Wisconsin?
The sobriety program is a program that authorizes the Wisconsin court or a state agency to sentence a Driver convicted for DUI to abstain from drugs and alcohol for a pre-determined period. The convict should take drug and alcohol tests twice a day during this time. Taking the sobriety program doesn’t exempt the offender from IID installation.
What if I refuse a breath test?
Refusing a breath test is a serious crime. Refusal to submit to a chemical test is punishable as a misdemeanor under Wis. Stat. § 343.305(4)(a), which states: “Any person who refuses to submit to any chemical test authorized by sub. (1) shall forfeit his or her privilege to operate a motor vehicle.”
Refusing a chemical test is a separate offense from being convicted of OWI. If you are charged with refusal, you should consult with an experienced drunk driving attorney.
Is refusal an admission of guilt?
Refusing to take a chemical test after being arrested can prove your guilt in court. The prosecution can argue that your refusal was because you already knew you would fail the test.
Are breath tests accurate or reliable?
Preliminary breath tests are unreliable because of the small portable breath devices used. But even the evidentiary breath test can be unreliable. For instance, wearing dentures or burping during the 20-minute waiting period before the test can affect the results.
Can I lose my license for refusing a chemical test ?
Yes. Under Wisconsin law, a person who refuses to submit a blood sample after being lawfully arrested for OWI loses their right to drive. This means that a person who has been arrested for OWI and refused a chemical test (breath or blood tests) cannot legally drive unless they successfully complete a court-ordered ignition interlock device program.
The ignition interlock device prevents you from starting the car if you have consumed alcohol. In order to start the car, you must first blow into the machine. If you do not pass the test, the car will not start.
If you are found guilty of refusal, the judge may order you to install an ignition interlock device on your vehicle for up to six months. After this period, the judge may require you to install the device permanently.
If you are required to install an ignition interlocking device, you may still face criminal charges
How much can I drink before getting a DUI?
In Wisconsin, it is illegal to drive with a blood alcohol concentration greater than.08 percent. However, there is no legal limit for how many drinks you can consume before getting behind the wheel.
If you are stopped by police for suspicion of drinking and driving, officers will ask you how many alcoholic beverages you drank. They will also measure your BAC using a portable breathalyzer. The officer will then decide whether or not to issue you a citation based on the results of the breath test.
If you fail the breath test, you will be issued a ticket for OWI. Your BAC will be recorded on your criminal record. Depending on the number of prior offenses, you could be facing penalties ranging from a fine to jail time.
Being charged with a crime is a frightening experience. Attorney Nathan J. Dineen and his staff are available to answer your questions. If you have been charged with a drunk driving offense in Wisconsin, contact us for a free evaluation of your case.