Wisconsin DUI and DWI Legal Questions

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97 legal questions have been posted about dui/dwi by real users in Wisconsin. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include criminal law, theft, and weapons charges. All topics and other states can be accessed in the dropdowns below.
Wisconsin DUI and DWI Questions & Legal Answers
Do you have any Wisconsin DUI and DWI questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 97 previously answered Wisconsin DUI and DWI questions.

Recent Legal Answers

Can I get away with claiming I popped my tire, got some drinks, went to change it, and intended on calling someone to get me?

Answered 8 years and 5 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You have the choice of telling the truth or being silent. In a criminal case, the government has the burden of proof. Hold them too it. Find a skilled lawyer.
You have the choice of telling the truth or being silent. In a criminal case, the government has the burden of proof. Hold them too it. Find a... Read More

If given a citation for an OWI, how can I get my record clean?

Answered 8 years and 6 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Fight the charge or try to negotiate a lesser charge with the prosecutor. Retaining a lawyer is almost always worth the investment.
Fight the charge or try to negotiate a lesser charge with the prosecutor. Retaining a lawyer is almost always worth the investment.

Can you get charged with OWI if you were trying to get a car out of a ditch?

Answered 8 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
This might give you or your friend a defense. Find an experienced OWI lawyer for further advice and representation.
This might give you or your friend a defense. Find an experienced OWI lawyer for further advice and representation.

Since the DUI case was dismissed, is it possible to get my license reinstated prior to the October 10 date?

Answered 8 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Well I certainly do not like justifying a government activity which caused you so much trouble. But the suspension probably arose as an administrative determination of the Department of Transportation, rather than as a court sentence. So...I think your best bet is to contact the Wis. Dept. of Transportation, find the office which deals with suspensions, and ask them for a petition to reinstate your license (which you may be able to get online). On the petition (or whatever they call it) you can explain about the suspension and how your DUI case was dismissed. Ordinarily, though, an Administrative Suspension lasts only six months. I am guessing that you had some history of DUI, or your blood alcohol content was extremely high. You could also contact your own lawyer, of course, to attend to this.... Read More
Well I certainly do not like justifying a government activity which caused you so much trouble. But the suspension probably arose as an... Read More

If I was arrested for 2 and half years ago for both DUI's, is there a statute of limitations on the counseling sessions?

Answered 8 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It's going to be very hard to change the sentence, or the rules set by a probation officer. I think your best bet is to find a way to be allowed to leave work to do the counseling. You could ask your lawyer to move the Court to modify your sentence-but there is not great likelihood of success.... Read More
It's going to be very hard to change the sentence, or the rules set by a probation officer. I think your best bet is to find a way to be allowed to... Read More

Is a DUI incident report is going to be reported to the FBI in the National data exchange or do local agencies choose specific data to report?

Answered 8 years and 10 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
If this is a first offense, in Wisconsin that is not a crime, and one would not expect it to be reported to the National Crime database. A second or subsequent OWI, however, would almost certainly appear.
If this is a first offense, in Wisconsin that is not a crime, and one would not expect it to be reported to the National Crime database. A second or... Read More
Is there a chance? Perhaps. It depends on the prosecutor and the county in which the charge is lodged. If you are using a commercial license, expect very little sympathy. The two hour gap between accident and blood test is not significant. It would have to be three hours, and even then a court would not likely suppress the evidence, but merely allow your lawyer to argue to the jury that it is untrustworthy.... Read More
Is there a chance? Perhaps. It depends on the prosecutor and the county in which the charge is lodged. If you are using a commercial license,... Read More

Is it legal to be charged a fourth DUI then later be charged with fifth or sixth?

Answered 9 years and 4 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
There is nothing illegal in a prosecutor taking that kind of action so long as she or he does so sufficiently in advance of trial. Jeopardy does not attach until a jury is sworn.
There is nothing illegal in a prosecutor taking that kind of action so long as she or he does so sufficiently in advance of trial. Jeopardy does not... Read More

What are my rights if the breathalyzer wasn't offered to me and was forced to take blood test?

Answered 9 years and 5 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Generally, the arresting officer specifies which of the three kinds of tests to be done. You are free to suggest something different, but the officer is not likely to be persuaded. You also have the choice of doing an additional test, but it must be done soon after the first test,, and I think it's at your expense. You are making a big jump, however, in concluding that you 'got screwed,' and have to 'pay out [your] butt.' Are you saying that you were convicted on the basis of an unreliable test? You don't give enough information to be sure why you are connecting a large expense with the officers requiring you to take a blood test which you find unpalatable.... Read More
Generally, the arresting officer specifies which of the three kinds of tests to be done. You are free to suggest something different, but the... Read More

What can be done if my son violated probation and they will not release him?

Answered 9 years and 6 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
His best bet is to retain a criminal lawyer skilled in OWI (=DUI) defense and also knowledgeable about probation. There are sometimes alternatives to revocation, but proposing a program requires a lawyer with experience in the process.
His best bet is to retain a criminal lawyer skilled in OWI (=DUI) defense and also knowledgeable about probation. There are sometimes alternatives to... Read More

Can a misdemeanor charged in the past become a felony charge in the future before conviction because the law changed?

Answered 9 years and 9 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
The short answer is No. You can only be charged in accordance with the law in effect when you allegedly committed the offense. But find a skilled lawyer to advise and represent you. It's almost always worth the investment.
The short answer is No. You can only be charged in accordance with the law in effect when you allegedly committed the offense. But find a skilled... Read More

I just got charged with my 2nd DUI last week, will this affect my chance at a paralegal job that I have an interview for?

Answered 9 years and 10 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Unless your job will require driving for your employer, it should not affect your employment. Most states have Fair Employment laws which prohibit discriminating against a person based on prior arrests or convictions, unless the job in question requires activity which the prior convictions suggest are dangerous. Employers, however, too often figure out ways to get around these laws. But if you are asked in an application about convictions, you have to disclose yours. I think, and hope, that it makes no difference.... Read More
Unless your job will require driving for your employer, it should not affect your employment. Most states have Fair Employment laws which prohibit... Read More

Can she still be charged with a DUI after the fact with no BAC, no sobriety test and no witnesses?

Answered 9 years and 10 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
She can be charged, and her story is not a unique one. The prosecutors have heard it before. It is not impossible for her to win the case, but it is no walk over. She should retain a skilled defense lawyer. It is almost always worth the investment.
She can be charged, and her story is not a unique one. The prosecutors have heard it before. It is not impossible for her to win the case, but it is... Read More

What gives the cop the right to keep the police report and any tests results from or my attorney?

Answered 10 years ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You are obviously upset. And understandably. If the police violated your civil rights, you can sue the cop and the entity which employs him or her. Since you say you have an attorney, ask him or her how the documents are obtained in your state, and how you can file a claim against the municipal or state government. There are fairly strict time periods in most places, requiring you to file and serve a Claim and Notice of Claim within a certain time period, often 120 days, from the incident of which you complaint. The strict time periods may not apply in a federal civil rights action, but you still must act expeditiously and not 'sit on your rights.' If you don't want to entrust this matter to your own lawyer, find a good plaintiff's lawyer in your locality who has experience suing the government. Good Luck.... Read More
You are obviously upset. And understandably. If the police violated your civil rights, you can sue the cop and the entity which employs him or her.... Read More

Can DMV count another states DUI convictions against me in determining how long to give me ignition interlock 4?

Answered 10 years and a month ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes.
Yes.

Can a known violent felon own a firearm?

Answered 10 years and 2 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
You would need to pursue a certificate of rehabilitation, which is the first step toward a pardon.
You would need to pursue a certificate of rehabilitation, which is the first step toward a pardon.

How can I off my DUI record?

Answered 10 years and 2 months ago by Jeff Fengcheng Yeh (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other offense(s). Contact a lawyer to file the petition for expungement on your behalf.
You need to have successfully completed the entire term of probation, have nothing criminal pending, and not be on probation for any other... Read More

How can I off my DUI record?

Answered 10 years and 2 months ago by Dan Eugene Chambers (Unclaimed Profile)   |   4 Answers   |  Legal Topics: DUI/DWI
You would need to file a motion to dismiss pursuant to Penal Code section 1203.4.
You would need to file a motion to dismiss pursuant to Penal Code section 1203.4.

What can we do if son is in jail and they won't release on signature bond?

Answered 10 years and 2 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Your son or his lawyer can request a new bail hearing. Or you can put up the money. Keep in mind that the pond money can be taken to pay any fine. So there must be some reason why he was didn't know I had a signature bond. It would be good to find that out and to be ready to explain at a new bail hearing. Good luck.... Read More
Your son or his lawyer can request a new bail hearing. Or you can put up the money. Keep in mind that the pond money can be taken to pay any fine. So... Read More

Can I get OWI charges dropped if I was drugged by someone?

Answered 10 years and 4 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
It is possible, but you have immense problems of proof. Also was there a blood test which included a drug screen? Even if not, the lab may still have the blood sample which can be retested probably at your expense. Find a skilled lawyer: it's almost always worth the investment.
It is possible, but you have immense problems of proof. Also was there a blood test which included a drug screen? Even if not, the lab may still... Read More

What do I do if I was pulled over for not having headlights on but I turned then off, exited the vehicle and was then pulled over?

Answered 10 years and 4 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
You need a skilled lawyer. But most of all you need an automobile mechanic who reviewed your car's electricals very soon after the traffic stop. And who can testify that your headlights were in working condition at the time.
You need a skilled lawyer. But most of all you need an automobile mechanic who reviewed your car's electricals very soon after the traffic stop. And... Read More

Can a school principal call a police officer and ask for ticket information for a minor?

Answered 10 years and 4 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Yes. Find a good lawyer to advise and represent you. It's almost always worth the cost.
Yes. Find a good lawyer to advise and represent you. It's almost always worth the cost.

Would I still be charged a full penalty if the case is 13 years old?

Answered 10 years and 6 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
That depends entirely on the prosecutor. And he or she will be looking at the offense of bail-jumping, and any criminal history you had before the problem 13 years ago. It would be good to contact the prosecutor before you set foot in the state which charged you. Some prosecutors will not even discuss a disposition until you are back in their jurisdiction.... Read More
That depends entirely on the prosecutor. And he or she will be looking at the offense of bail-jumping, and any criminal history you had before the... Read More

How do I plead to a lesser charge for OWI?

Answered 10 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: DUI/DWI
Find a skilled criminal lawyer. Prosecutors are extremely reluctant to pretend the actual BAC was less than .015.
Find a skilled criminal lawyer. Prosecutors are extremely reluctant to pretend the actual BAC was less than .015.