Columbia County WI DUI Attorney

Providing Your Legal Rights With an Aggressive DUI Defense

Being charged with drunk driving can have a devastating impact on your life and future. Aside from the potential criminal penalties that could involve serving jail time and having to pay substantial fines, you will most likely lose your driving privileges.

As with any criminal charges, you must hire an attorney as soon as possible so they can begin building a solid defense case immediately. In any legal case, evidence can quickly disappear, and witnesses’ memories fade over time.

Only a skilled attorney can protect you from the numerous legal implications that can accompany a drunk driving conviction. Casper Mehlos Law Group, LLC, is a Columbia County, WI, law firm dedicated to helping clients accused of drunk driving. When you seek our help, our legal defense teams will fight to help you obtain the best possible outcome for your case.

Contact our Columbia County lawyers today to schedule a complimentary consultation. This will allow us to assess your case professionally and determine the most effective legal approach for your needs.

How Much Jail Time Can a Person Receive if They are Convicted of Drunk Driving?

In Wisconsin, if you are convicted of drunk driving, the amount of jail time you may receive depend on the facts of the case. In most instances, a first-time OWI, or Operating While Intoxicated, is not charged as a criminal offense, and a conviction does not result in the defendant being sent to jail. In most instances, the individual will have to pay court costs and fines and attend mandatory drug and alcohol classes.

Subsequent drunk driving arrests are considered criminal offenses. Second and third offenses are charged as misdemeanors, and recurring DWI arrests are charged as felonies.

A second DWI conviction can result in a defendant being sentenced to a minimum of five days to six months in jail. If a defendant is convicted of a third DWI, they could face a jail sentence of 45 days to one year. Fourth or fifth convictions are considered felonies and are punishable by being sentenced to serve time in state prison.

When Can Drunk Driving Be Charged as a Felony in Wisconsin?

Generally, under Wisconsin law, fourth and subsequent drunk driving offenses can be charged as felonies. However, there are specific instances where a first-time OWI offense can be charged as a felony. One example includes when an OWI results in serious bodily injury or death.

A felony drunk driving conviction can have severe ramifications. If you are convicted of a fourth DWI, you may be sentenced to anywhere from 60 days to six years in jail, and your driving privileges will be suspended for two to three years. If you are convicted of a fourth DWI within 15 years of your previous offense, your license could be permanently revoked.

If you are convicted of a fifth OWI, you could be sentenced to a minimum prison sentence of 18 months to a maximum of 10 years. Your driver’s license can be permanently revoked if you were convicted within 15 years of your previous conviction.

If someone died as a result of you driving under the influence, you will be charged with Homicide by Intoxicated Use of Vehicle, which is a Class D felony. If convicted, you could be sentenced to 25 years in state prison if you have no previous OWI convictions. If you have been previously convicted of an OWI, the charge is upgraded to a Class C felony and punishable by up to 40 years in prison.

Can Drunk Driving Charges Ever Be Dropped in Columbia County?

Although Columbia County prosecutors take a tough stance on drunk driving, charges can be dropped or possibly reduced. One key benefit of hiring a DWI lawyer is that they have the knowledge and skills to identify flaws in the state’s evidence.

Field Sobriety Tests

All too often, police officers are discovered to have incorrectly administered field sobriety tests (FSTs). FSTs are well-known for being subjective and prone to inaccuracy, as they rely on the officer’s interpretation of the test results. Other issues include external factors such as the suspect’s physical condition, medications they may be taking, or the weather or lighting conditions.

Breathalyzer Results

Breathalyzer test results are often challenged, as the device may have been improperly calibrated or maintained. In other instances, it is determined that the officer administered the test incorrectly. Other factors that may skew test results include medical conditions such as acid reflux or the use of mouthwash before taking the test.

Lack of Probable Cause

A criminal defense attorney can review the evidence and determine that the police officer lacked probable cause to stop the driver. A highly experienced Columbia County DWI attorney should always review dashcam and bodycam footage to determine if the officer had sufficient evidence to justify the traffic stop. If probable cause did not exist, a defense lawyer can argue that the case should be thrown out.

Can My Criminal Defense Lawyer Negotiate a Plea Deal in a Wisconsin DWI Case?

Another considerable advantage of hiring a defense attorney is that they can work with the prosecutor to negotiate a plea deal. In Wisconsin, many criminal offenses are resolved without a trial. Taking a case to court can be costly and time-consuming for both sides. Prosecutors often have heavy caseloads and are eager to try to resolve DWI cases so they can focus on other serious offenses.

Casper Mehlos Law Group, LLC, is prepared to aggressively defend your legal rights and fight to help you obtain a favorable resolution, not one that favors the prosecution. Depending on the circumstances of the case, we may be able to persuade the prosecutor to agree to a “wet reckless” charge. A wet reckless charge involves a defendant pleading guilty to driving recklessly and acknowledging that alcohol was involved in the offense.

However, suppose the district attorney is unwilling to offer a fair plea deal. In that case, our criminal defense attorneys are always prepared and ready to defend your case in court and win a not guilty verdict on your behalf. It is also crucial to remember that even if a case is scheduled for trial or has already begun, it can still be settled out of court at any time.

What Makes Your Columbia County, WI Lawyers the Right Choice to Handle My DUI Defense?

Casper Mehlos Law Group, LLC, has a proven track record of defending clients charged with DWI offenses. If you have been charged with a Columbia County DUI, you must act quickly to avoid the numerous legal implications that can arise from a conviction.

If we agree to take on your case, we will immediately review all the evidence to determine the most effective legal strategies for achieving the best possible results. We understand that navigating the Wisconsin criminal justice system can be overwhelming, as you worry about the potential criminal penalties and losing your driver’s license.

Our law office is committed to helping you through the legal process by keeping you well-informed about any changes or progress in your case. Our lawyers will never encourage you to take a plea deal that does not represent your best interests.

Contact our Columbia County, WI law firm today by calling (608) 820-8926 to schedule a free consultation so we may discuss your specific legal needs.