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How to Handle Your DUI Arrest

Even though you've been arrested for DUI, you don't have to let it ruin your life. You may not realize it yet, but if you are thinking about simply going to court and pleading guilty to your DUI charge you may be cheating yourself.

You see, a qualified attorney can review the case for defects, suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses all of which may help you to win your case at trial.

To find out what you need to know about your DUI arrest I've developed a website to give you a wealth of useful information . . . information which will show you how you may be able to save your license and your freedom . . . and possibly avoid fines, fees, and sharply increased car insurance costs of as much as $6,800.

For the most part, my easy-to-navigate site has information on it which you can't get anywhere else unless you are willing to do a great deal of legal research.

When you're on my site, you'll also learn how you can get a free, no-obligation consultation where I'll review your case and show you how I may be able to save your license and your freedom.

Wisconsin DUI Drunk Driving Defense Information

Search for Wisconsin OWI Defense Attorneys by County

Attorney Offices by Municipality

• Appleton
  • Benjamin Legal Services:

    OWI law covers more than alcohol

    The legal BAC (blood alcohol concentration) limit for a first time OWI (operating while intoxicated) offender is .08. Nearly 40% of all fatal crashes are alcohol-related and 78% of drivers in fatal OWI crashes are first-time OWI offenders.

    OWI law covers more than alcohol. The legal definition is "operating while under the influence of an intoxicant, any controlled substance, any other drugs, or a combination thereof." Driving under the influence of alcohol or drugs is illegal. It is also dangerous. Plain and simple.

    If you have been arrested for OWI or have been issued a citation for Zero Tolerance, you will be required to complete a substance abuse assessment and any recommended treatment. In addition, you are required to complete an educational course for drinking drivers. Information on this and other effects of OWI will be thoroughly explained to you by one of our experienced attorneys.

    Once youve received an OWI ticket, you need representation. You need an attorney experience with traffic law and OWI cases, which is willing to take that extra step to help with your unique case. MGM Lawyers have experienced attorneys on staff who are willing to go that extra mile and take every step possible to make sure your rights were not violated and get you the best possible outcome for your situation.

  • Sisson & Kachinsky: If you are charged with drunk driving you will need to appear in Criminal District Court. It is here that your guilt or innocence will be determined, and here where your criminal consequences, if any, will be determined. A conviction for drunk driving can affect your ability to maintain car insurance, establish a criminal record for you, result in costly fines, and even jail time or court ordered alcohol treatment. Because of the numerous and burdensome potential consequences, it is imperative that you have an experienced attorney represent throughout the process.
• Black River Falls
  • Sherman Law Offices: If you have been charged with an OWI (Operating While Intoxicated) it is a necessity that you are represented by a Black River Falls drunk driving attorney.
• Brookfield
  • Michael Jackelen: In today's society, a vehicle is a necessity. ... protect your right to own and operate a vehicle. His first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing in front of a judge.
• Chippewa Falls
  • Thorson Law Office: Drunk driving is a serious offense anywhere. Every year in the U.S., at least 16,000 people are killed in auto accidents where drunk driving is a factor. In an effort to reduce this hazard on our roads, law enforcement agencies make more than 1 million OWI / DUI / DWI arrests per year. In Wisconsin alone, the number of arrests is 37,000 per year.
• Eau Claire
  • Herrick & Hart: What if I am charged with drunk driving? You should make sure you appear on the court date. If it is a second or subsequent offense, there is a mandatory jail sentence on conviction in Wisconsin. If you have failed an alcohol test, you will receive an automatic six month suspension separate from the suspension you may receive from the drunk driving ticket. This suspension will start thirty days after the failure unless you request a review hearing. You have ten days from the failure to request this hearing. The minimum suspension for a drunk driving ticket is six months.
  • Michael Rajek: How can I plead "not guilty" if I am guilty? By saying "not guilty" when the judge asks for your plea. It's your right. A "not guilty" plea in court simply means you're not going to admit anything, and that it's up to the prosecution to prove it's case -if it can - by legally obtained and legally admissible evidence.
• Elkhorn
  • Garczynski & Brennan: In Wisconsin, you must be arrested prior to being cited for DUI. Thus it makes sense when the officer asks you to leave your vehicle to perform tests for DUI, to respectfully decline until he or she informs you that you are under arrest. If the reason for leaving the vehicle is to take field tests, you must exit if you have been asked to exit, but remember, you do not have to take field tests.
• Elm Grove
  • Carson Law Office: OWI/DUI/DWI Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on OWI/DUI/DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.
• Fond du Lac
  • Anderegg & Mutschler: Many people ask "What can be done if I am charged with a crime or with a traffic-related offense like drunk driving?" Typically, when a defense attorney approaches any case, whether it is a speeding ticket or a first-degree intentional homicide, the attorney is looking for either of two types of issues in the client's defense, namely (1) legal issues and/or (2) factual issues.
  • Zacherl, O'Malley, and Endejan: If you have just been arrested for Driving Under the Influence (DUI)/Driving While Intoxicated (DWI) for the first time, you may feel uncertain about the resulting court proceedings. Unfamiliar with the criminal justice system, you may consider having a "friend of a friend" or your family's lawyer represent you on the charges. This may be a critical mistake. DUI/DWI law can be quite complex. Furthermore, the stakes are high-even as a first time offender, you may face hefty fines, probation, revocation of your license and a dramatic rise in your automobile insurance rates. You may even be sentenced to some jail time. Therefore, it is important to hire a defense attorney who has experience in this area of law.
• Green Bay
  • Brabazon Law Office: Perhaps you need your driver's license back after a DUI or are accused of a felony. You need experienced criminal defense attorneys who will stand solidly by your side.
• Jefferson
  • Monogue & Witt: The typical drunk driving case therefore presents the accused with three separate and distinct problems. First, and most obvious, is the operating under the influence charge itself. This charge, usually issued in the form of a traffic citation and sometimes followed up on with a criminal complaint charges the accused with being too impaired by their consumption of alcohol to safely operate their motor vehicle. The government does not need a test result to try and convict on this charge. A person can be prosecuted for this offense based upon their driving, their demeanor, their field sobriety test performance, and any admissions made to the police officers at the time of arrest. However, a chemical test result revealing a prohibited alcohol concentration constitutes prima facie evidence of impairment. What this means in English is that a judge or jury is permitted to find that the accused was impaired based upon the test result alone. In first or second offense cases, the prohibited alcohol level in the State of Wisconsin is currently .10. A person accused of a third offense is subject to a prohibited level of .08, and a person accused of a fourth or subsequent lifetime offense is subject to a prohibited alcohol level of .02.
• LaCrosse
  • Johns, Flaherty & Collins: Twelve or more points in a 12-month period generally means suspension two months for adults and six months for those with a probationary license. Getting your license back is not automatic. "A lot of people don't seem to know it costs to have the license reinstated at the DMV after a suspension. If faced with a suspension, read all of the notices sent," Arneson said. "Revocation is significantly different and more serious than suspension." Occupational licenses are available and involve filing proof of insurance and a calendar type application setting the hours, purposes and area of driving. "It's to allow a person to drive to and from work, for work and other limited purposes." For probationary drivers (generally the first two years), points double after the first offense. New drivers under age 18 have a nine-month period when only one friend can be in the car between 5 a.m. and midnight. A violation extends the graduated drivers license. Revocation for five years is possible as an habitual traffic offender for four major or 12 minor offenses or a combination of the two within a five-year period. Major offenses include driving while intoxicated, reckless driving, eluding an officer and other serious offenses. The court may approve an occupational license after two years.
  • John Brinkman:
    OPERATING WHILE INTOXICATED

    Many people think its OK to sleep in your car if you're drunk. But if the keys are in the ignition, this can be considered operating the vehicle, even if the engine is not running. If you sleep in your vehicle, keep the keys in your pocket.

    • If you get stopped and arrested for drunk driving, many people think that they don't need to take the breath or blood tests requested by the officer. It is almost always a mistake not to take the requested tests. Fines, jail sentences and the lengths of your revocation of license increase when you refuse to take the requested tests.
    • It is important to know that the portable breath test given at the arrest sight is not a legal breath test. You must take the breath and blood tests demanded by the officers at the station and at the hospital. If the officers request that you take more than one test, you must take all of the tests they request or it could still be a refusal.
• Lake Geneva
  • Martin Law Offices: If you are arrested for breaking a criminal law, the case is taken before a magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge of the courts. During the arraignment the defendant is formally told what offense he is charged with, told their constitutional rights, and of the possible penalties. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a date for the next hearing will be scheduled.
• Madison
  • Brian Gleason: Drunk driving charges can have a serious impact on your life, your relationships, your ability to drive and get to work, and your finances. Those charged with this offense often have a great many questions. Was the field sobriety test administered correctly? Did I have to take the Breathalyzer test? Does the level of my BAC affect my case? Why was my drivers license revoked? Your drunken driving case depends on several facts, and an experienced drunk driving defense attorney can have an impact on the outcome of your case. Serious charges deserve to be handled by experienced criminal defense attorneys.
  • Kelly & Habermehl: Any personaccused of a drunk driving charge, whether it be Operating While Intoxicated (OWI) or Operating Under the Influence (OUI) (known in other states as Driving While Intoxicated (DWI) and Driving Under the Influence (DUI)), needs to secure a defense lawyer immediately. A person convicted under Wisconsin OWI law will always experience a license revocation, even for a first offense, on top of other punishments. A second offense requires mandatory jail time.
  • James Murray: Don't wait until your first court date to contact a lawyer. You may have as few as 10 days from your arrest to request a hearing to save your license!
  • Karen Michaelis: Dont just accept the citation. Fight to preserve your driving record and your license.
  • Richard Jacobson: An act is either wrongful by its very nature, or wrongful because the law makes it so. For example, no one needs a law to tell him or her that murder is wrong. But it is only the law which makes going through a red light illegal. Both, however, violate the laws. Laws prohibit many acts, but not every such prohibition is a criminal law. Crimes are either felonies or misdemeanors. A misdemeanor carries less serious penalties: usually a maximum of one year or less of incarceration. A felony is more serious, and carries maximums of greater than one year in prison. In Wisconsin, driving while intoxicated, if it is the first offense for the wrongdoer, is not criminal, and carries monetary penalties (a forfeiture of money) but not jail. Second, third, and fourth offense Operating While Intoxicated are misdemeanors, while fifth and subsequent offenses are felonies.
  • Claire Lovell-Lepak: Some people have been told that they don't need an attorney for a first offense drunk driving charge in Wisconsin. Now, often the people giving that kind of advice are in law enforcement. (Go figure?) Look, you won't go to jail on a civil first offense. But your auto insurance premium could go up an additional $2500 a year. You might suffer serious problems securing or keeping employment. And you could be labeled a "drunk driver" there in the public records for anyone to see. Maybe this is not a big deal for the cop that stopped you, but it can be a really big deal to you.
  • Tjader & Chirafisi: From the minute the officer gives your paperwork, several deadlines start to run. You should receive all of the following: a ticket for operating while under the influence of an intoxicant (pink piece of paper) and a copy of the Informing the Accused form (8 x 11 pink piece of paper). If you submitted to a breath test, you will also receive a copy of the Intoximeter EC/IR test result (8 x 11 white piece of paper). If the result is over the legal limit, you will get a ticket for operating with a prohibited alcohol concentration (pink piece of paper), a Notice of Intent to Suspend (8 x 11 pink piece of paper) and an Administrative Review Request (8 x 11 yellow piece of paper). If you submitted to a blood test, you will receive in the mail a copy of you blood analysis from the State Lab of Hygiene (8 x 11 white piece of paper). This usually takes approximately 2 weeks. If the result is over the legal limit, you will receive at a later date a ticket for operating with a prohibited alcohol concentration (pink piece of paper), a Notice of Intent to Suspend (8 x 11 pink piece of paper) and an Administrative Review Request (8 x 11 yellow piece of paper). If the officer decided that you refused to submit to a chemical test, you will receive a Notice of Intent to Revoke (8 x 11 pink piece of paper). If the officer decided that you refused to submit to a chemical test, you will receive a Notice of Intent to Revoke (8 x 11 pink piece of paper). If you were made to submit to a blood test anyway, you will receive in the mail a copy of you blood analysis from the State Lab of Hygiene (8 x 11 white piece of paper). This usually takes approximately 2 weeks. If the result is over the legal limit, you will receive at a later date a ticket for operating with a prohibited alcohol concentration (pink piece of paper). Sometimes police officers screw up and give you paperwork that either should not be issued to you, or provide you with paperwork at the wrong time. The information listed above is the correct way for the paperwork to be issued to you.
  • Patrick Strangl: As soon as you become aware that the police (or some other investigating agency) are looking for or investigating you, or if you believe that you may have committed a crime. A lawyer can intervene with the police and either prevent an arrest or, if you are going to be arrested, arrange for your surrender at a time and in a manner that minimizes embarrassment to you or your family. Hiring a competent lawyer in a timely fashion may also protect you from being questioned by the police. If questioned by the police never answer any questions and always ask for an attorney to be present during any questioning no matter where the attempted questioning takes place.
  • Mays Law Office: The social, civil and criminal consequences of drunk driving convictions have lasting effects. In Wisconsin, if you are arrested for drunk driving, you will be required to appear in either a Municipal or Circuit Court. If convicted, you will receive steep fines and may be sentenced to jail time. (See How To Calculate Your Blood Alcohol Level - BAC). You have rights. You have the right to be represented by an Attorney and to cross-examine the witnesses, even if they are police officers. Having Attorney Stephen Mays beside you may make all the difference to the final outcome of whether charges are dismissed, reduced, or carry their full penalty. If convicted on a first offense, in addition to facing a forfeiture, a steep fine, and other associated court costs, your driving privileges may berevoked for 6 to 9months. Youwill also be required to attend a mandatory alcohol education program and an alcohol treatment program. Additionally, your insurance company may increase your rates to an unmanageable level or you may loose your license. A second convictionwill result in driving privileges beingrevoked for 12 to 18 months, a minimum of 5 days to 6 months in jail, steep fines, and associated court costs. A third conviction may result in driving privileges being suspended for 2 years or revoked. A fifth conviction is a felony in Wisconsin
  • Tracey Wood: Penalties for first offense drunk driving include license revocations; jail is imposed for second offenses through fourth offenses; and prison for fifth offenses and higher.
  • Kalal & Associates: Many prosecutors try to streamline the process of drafting criminal complaints in drunk driving cases by using a form that simply attaches the police reports. This has been the practice in Winnebago County. The Court of Appeals has now ordered three-judge status in a State appeal from an order in Winnebago County dismissing a drunk driving case. The circuit court held that the complaint was legally and constitutionally insufficient because it did not contain facts under oath, but merely stapled unsworn police reports to a document called a "complaint." The Court of Appeals granted three-judge status on its own motion. The case is expected to resolve a conflict in circuit court decisions occurring within Winnebago County
  • Ruth Law Office: In Wisconsin, what most people call "drunk driving" actually consists of two separate charges, operating while intoxicated (OWI) and operating with a prohibited alcohol concentration (PAC). To be convicted of OWI, the prosecutor must prove that you operated a motor vehicle on a public highway or other prohibited place while "under the influence" of alcohol, drugs or both. A driver is considered "under the influence" when his or her ability to operate a vehicle is "impaired" by alcohol, drugs, or both. Impairment, however, does not necessarily depend on a BAC of .10% or greater. For example, someone who has a relatively low tolerance for alcohol may suffer impairment with a BAC of .08%.
• Menasha
  • Pitsch Law Offices: You are under "arrest" when a police officer takes you into custody and you are no longer free to leave. It has little to do with whether you have been handcuffed or physical restrained. The key is the exercise of police authority over a person. When someone is arrested the police must follow legal procedures. The police must inform you of your rights before you can be questioned.
• Menomonie:
  • Bakke-Norman Wisconsin law provides that no person may drive or operate a motor vehicle while under the influence of an intoxicant or drug to a degree which causes the person to be incapable of safely driving. In addition, no person may drive or operate a motor vehicle with a prohibited alcohol concentration, which is generally an amount of 0.1% or greater of alcohol in the body. The law refers to both "drive" and "operate" because a person can be charged with operating while intoxicated even if the vehicle is not actually moving at the time of the contact with police.
  • Peter Morin: You have the right to be arraigned without unnecessary delay - usually within two court days - after being arrested. You will appear before a judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on personal recognizance, even if bail was previously set.
• Milwaukee
  • Reitz, Mandelman & Lawent: The practice of criminal law defense demands a high degree of experience and expertise. In many cases personal liberty and freedom may be at stake. A clear understanding and knowledge of both the applicable law and procedural issues are critical. Criminal representation is more than providing an effective defense. It is the protection of individual rights and the assurance of fair and equal treatment within our system of justice.
  • Jeffrey Jensen: When you have been arrested for operating under the influence you have "impliedly consented" to a chemical test for alcohol. If you refuse the test you will be charged with illegally refusing and this may result in a significant additional revocation of your driver's license. Moreover, the appellate courts have approved of drawing blood against a suspect's will under certain circumstances. That is, if you refuse you may be strapped down and the blood drawn anyway. You do not have the right to consult an attorney prior to deciding whether you will voluntarily submit to a chemical test.
  • Andrew Mishlove: Drunk driving law and procedure is different in every state. The law and technology of drunk driving prosecution, like everything else around us, is changing very rapidly.
  • Pamela Pepper: Prosecutors have very broad discretion in deciding whether, when and how to charge a criminal case. If they do not believe that there is sufficient evidence, in a legal sense, to charge someone, they have the discretion not to charge. If they believe that the evidence supports six different charges instead of one, they can charge six. If they believe that one person is less responsible than another person, they can give the less-responsible person lesser charges. All of these decisions are within the prosecutor's discretion. There are times when the prosecutor's decision to prosecute one person and not another, or to prosecute a person with a felony instead of a misdemeanor, seems very unfair to the person charged. In most instances, this exercise of the prosecutor's discretion is not a defense for the person who is charged; at some point, that person still has to deal with whether or not there is enough evidence to convict him or her.
  • Sperling Law Office: If you are facing a drunk driving charge (known as OWI (operating while intoxicated), DWI (driving while intoxicated) or DUI (driving under the influence) you need to act FAST!
  • Birdsall Law Offices: The State must show that you were drunk at the time of driving, quite often the test is taken a few hours later and, if you had consumed alcohol just before driving, the test would be higher than your actual level when driving. But this can also work against you - you may have had a higher alcohol level in your blood when you actually drove.
  • Craig Mastantuono: A client must feel comfortable with his or her lawyer, be able to communicate with that lawyer, and be confident that the lawyer knows what he or she is doing. Ask questions about the lawyer's experience in criminal law and with the specific charge. Ask about specific defense tactics and strategies in your case. Ask if the lawyer is comfortable in the specific court or with the specific prosecutor. Satisfy yourself that the lawyer understands you, understands your case, and knows what to do to advocate on your behalf. Discuss specific fee arrangements - these should be explained fully to you, preferably in writing.
  • MGM Law: Over 1.5 million drivers each year is charged with OWI/DWI. Don't plead guilty to OWI/DWI without knowing all your legal rights. You have the right to an attorney. Handling an OWI/DWI situation on your own is like walking on a tight rope without a net below. Yes, you might make it across unscathed. But, you might fall.
  • Raymond Law Office: Drunk driving is also known as operating a motor vehicle while under the influence of an intoxicant, OMVWI, OWI, DWI, DUI. We will uniformly refer to it as OWI because that is how Wisconsin courts, prosecutors and the Motor Vehicle Department refer to it. The offense of OWI is defined by law as operating/driving a motor vehicle on a highway or other areas held open to the public while your ability to operate/drive is impaired because of the consumption of alcohol, other drugs, prescription medications or a combination thereof. Your ability to operate/drive has to be impaired to the extent that you cannot safely operate a motor vehicle. You should also know what drunk driving is not. It is not simply drinking and driving. That is not necessarily illegal. What is illegal is drinking to an extent that it impairs your ability to safely operate a motor vehicle.
  • Hayes Rothstein: The law requires suppression of the original breath sample result as a penalty when a driver's request for an alternate test is not met by law enforcement.
• Minocqua
  • Harrold, Scrobell & Danner: If you are charged with drunk driving, the charges can impact your insurance rates, your ability to drive, and you may even face jail time. It is important that you preserve your rights while protecting your reputation, regardless of the offense.
• Monroe
  • Burns Law Office: You don't need to talk to the police if you don't want to. If you do talk to them, you cannot lie to them or mislead them.
• New Berlin
  • Gatzke & Ruppelt: A conviction on DUI/OWI charges will result in fines, driver's license suspension or revocation, and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult case.
• Racine
  • Robert Keller: Wisconsin's criminal code is one of the toughest in the United States. If you have been charged with a crime or are under investigation for a crime, you should consult with a qualified criminal defense attorney as soon as possible.
• Sturgeon Bay
  • David Sparr: Traffic violations such as speeding, DWI / DUI, illegal lane usage, reckless driving, failure to yield, and following too closely can result in license suspensions and higher insurance rates. Depending on the violation and how it is resolved, you may be fined, referred to a special program, or sent to jail.
  • Stephen Johnson: The basic rights of a citizen under arrest are stated in the Fifth, Sixth and Eighth Amendments of the "Bill of Rights" of the United States Constitution. "No person . . . shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law." (Fifth Amendment). "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury . . . and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense." (Sixth Amendment). "Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted." (Eighth Amendment). Since the adoption of the Fourteenth Amendment to the Constitution, the states have also had to guarantee these rights. This amendment provides: "No state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States . . ."
• Wausau
  Hess Law:
  • The commonly used terminology is "drunk driving" or "operating while intoxicated" (OWI), but the law refers to impairment from either alcohol or drugs or both. Specifically, the law prohibits a person from driving or operating a motor vehicle while "under the influence of an intoxicant or a controlled substance" or a combination thereof.
• Waukesha
  • Huppertz & Kuhary: The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person's blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .10 percent. Therefore, if it is proved that the person's BAC at the time of the incident was .10 percent or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed. As a practical matter, one drink would almost certainly not lead to a BAC of .10 percent or greater; generally, a person needs to have five drinks in an hour to develop a BAC of .10 percent. However, if there was something unique about the person or the drink, or other circumstance, one drink could raise the BAC above the legal limit. In contrast, the second definition does not refer to any particular BAC. It focuses on the driving behavior of the person; if it is impaired by the person's consumption of alcohol, he or she can be found guilty of drunk driving. Instead of presenting evidence of the BAC to a jury, the prosecution seeking a conviction under this definition generally presents testimony about the person's driving and consumption of alcohol. A police officer will often describe the impaired driving that lead him to pull the person over and the person's ability (or lack thereof) to perform field sobriety tests, such as walking a straight line. Evidence is also usually presented concerning the person's consumption of alcohol and if the jury then concludes that the prosecution has met its burden of proof, it will convict the person of drunk driving. A susceptible person may exhibit impaired driving after one drink and therefore be convicted of drunk driving.
• West Bend
  • Waring Fincke If you are arrested for drunk driving, you will need to figure out if you want to take a breath or chemical test, as required by law. If you refuse to take such a test, after being arrested for drunk driving, your driver's license can be revoked for a year or more for refusing to take the test. If you have been arrested for just drunk driving, it may be advisable to take the test. If you were involved in an accident where people were killed or seriously injured, it may be advisable not to take the test and suffer the revocation rather than give the police evidence of your possible intoxication. In either event, the police do not have to let you speak with a lawyer before taking the test. If you tell them that you will not take the test without a lawyer present, they will treat your comment as a refusal and so will the court.
• Wisconsin Rapids
  • Schmidt, Grace & Duncan: ... proper procedures which should be utilized by law enforcement officers attempting to convict people of operating while under the influence.