Drunk Driving Lawyers in Madison, Wisconsin
Fighting Impaired Driving Charges to Help Clients Keep Their Lives on Track
Everyone gets nervous when they see a police officer driving behind them. This nervousness can turn into absolute dread when the blue lights come on, and if the officer believes you’re impaired, things can quickly escalate. If you’ve been arrested for drunk driving, your future literally hangs in the balance. In addition to high fines and the loss of your driver’s license, you could end up facing jail time and other severe penalties. Because of this, working with a drunk driving lawyer in Madison, Wisconsin is critical.
At Casper Mehlos Law Group, our criminal defense lawyers have seen the disastrous outcomes of a drunk driving conviction. Whether prosecutors refer to this crime as driving under the influence (DUI) or operating while intoxicated (OUI) – as it’s known in Wisconsin – you need a law firm that has an extensive track record of securing favorable outcomes for their clients. That’s what you’ll get at the Casper Mehlos Law Group. And since we offer free consultations, you have nothing to lose.
Contact us today to discuss your case.
What Is Considered Drunk Driving in Wisconsin?
Many DUI attorneys have been contacted by potential clients who claim their arrest is invalid because they passed a breathalyzer. Unfortunately, this doesn’t mean a person can’t face OWI/DUI charges. Yes, driving under the influence of alcohol does make up the bulk of drunk driving cases. However, a person does not have to have a high blood alcohol concentration (BAC) to be arrested for impaired driving. Wisconsin law allows for OWI charges if a person is under the influence of any substance.
For instance, it’s not uncommon for a Wisconsin DUI attorney to handle cases where a police officer claims a driver was under the influence of prescription medication. DUI cases also often involve illegal drugs – such as marijuana, cocaine, fentanyl, and any other controlled substance. It’s even the case that a person could be arrested for drunk driving after drinking less alcohol than required to reach the legally intoxicated threshold of 0.08% BAC.
Put simply, police can make a DUI arrest if they suspect impaired driving of any kind. Regardless of the underlying circumstances of your detainment, you should consider contacting a drunk driving defense lawyer in Madison, WI immediately. These cases can be incredibly complex, and while the prosecutor may tell you that a conviction is unavoidable, our law firm has proven in many DUI cases that there’s no such thing as “open and shut” in the criminal justice system. Contact us today.
What Are the Penalties for Drunk Driving in Wisconsin?
Whether you were charged with OWI because of alleged failed field sobriety tests, breathalyzer analyses, or blood tests – the potential penalties are always the same. This doesn’t mean that everyone charged with drunk driving in Wisconsin will experience the same sentencing. After all, every case is different. However, the biggest differences in sentencing are typically related to the number of prior DUI offenses someone has been convicted of.
For instance, installation of an Ignition Interlock Device (IID) is not mandatory on a first offense. However, those convicted in multiple drunk driving cases will be required to pay for this device. Unfortunately, many people believe this means that a one-time arrest isn’t a big deal – but any criminal defense firm can tell you that the repercussions are severe even for a first-time conviction. These are the potential penalties you’ll face for OWI charges in Wisconsin:
DUI First Offense in Wisconsin
A first-time DUI conviction will typically result in monetary fines of up to $300, along with a potential surcharge of up to $435. The defendant can also have their driving privileges revoked for up to nine months. If the individual has a BAC of 0.15% or more, they could be required to use an Ignition Interlock Device or participate in a 24/7 sobriety program for a full year.
DUI Second Offense in Wisconsin
A person who is convicted of DUI charges for a second time could face up to six months in jail. Fines also increase to a maximum of $1,100, and potential surcharges still apply. A person’s driving privileges are revoked for 12 months at this point, and installation of an IID or participation in the 24/7 program is mandatory.
DUI Third Offense in Wisconsin
At this point, fines can increase to $2,000. An individual convicted of DUI/OWI for a third time also faces up to six months in jail – and this time, there’s a minimum length of incarceration. Any experienced DUI lawyer in Wisconsin can tell you these are life-altering penalties, so make sure you seek legal assistance.
DUI Fourth Offense in Wisconsin
Anyone convicted of a fourth OWI in Wisconsin will face much more than license revocation and potential incarceration in state jail. That’s because this will be a felony conviction. As a Class H felony, an individual convicted could face up to six years in prison. From this point on, any OWI case will be treated as a felony.
Subsequent Arrests and Aggravating Factors
Every subsequent DUI conviction results in heightened penalties. Once someone is arrested for a tenth time, they could face up to 15 years in prison for every conviction. It’s also important to note that aggravating factors can result in serious penalties even on earlier convictions. For instance, causing an injury on a first offense OWI could result in a one-year jail sentence. No matter the charges against you, though, you should always seek a drunk driving lawyer in Madison, Wisconsin.
Do You Need a Criminal Defense Attorney for a First Offense DUI?
Many individuals question whether they need to work with DUI lawyers for first-offense DUI charges. After all, most people will not see jail time. It’s also the case that the prosecutor might tell you that they’ll “go easy,” and as long as you avoid breaking the law in the future, there will be no lasting consequences. However, any DUI defense law firm can tell you that this is typically far from the truth. Even a first-time conviction can have consequences that last a lifetime.
For instance, envision what losing your driver’s license for nine months would really look like. That’s a pretty long time to ask others for rides or pay for an Uber. It’s also the case that you could face enhanced charges if you refused to take a field sobriety test or blood alcohol concentration tests. Additionally, a criminal record will follow you no matter where you go. Even years after your conviction, you may encounter difficulties in housing, education, and job searches.
The District Attorney, Assistant District Attorney, and police officers are not concerned about your future. After a person is placed under arrest for OWI in Wisconsin, the system’s goal is to convict them and hand down punishment. And if you’re accused of operating a motor vehicle while impaired, these punishments can be severe even on a first offense. That’s why you should contact our drunk driving attorneys in Madison, WI today for a free consultation.
How to Choose the Right DUI Lawyers for Your Case?
When you’re looking for a DUI attorney in Madison, WI, it’s important to realize that not all law firms offer the same level of service. When you hire an attorney, you’re trusting your future into their hands. So, how can you find the best criminal defense lawyers? First, it’s important to understand that “best” is a relative term – and different law firms may be better depending upon the charges a person is facing. However, you should consider all the following when seeking a drunk driving lawyer in Wisconsin:
- Experience: You want to work with an attorney who has years of experience in OWI/DUI cases. There are certainly great rookie lawyers out there, but trusting your future in their hands is a gamble that’s often not worth taking
- Local experience: You will find attorneys that handle cases throughout their entire state – and sometimes throughout the country. Instead, you should find a local law firm. These lawyers will have experience with local laws and relationships with professionals who can help
- In-house professionals: Expert witnesses, private investigators, legal assistants, and other professionals cost money – particularly when a law firm has no connection to these individuals. At Casper Mehlos Law Group, we have existing relationships with paralegals, assistants, investigators, and expert witnesses
- Results: You don’t want to work with a law firm just because they claim they can secure a favorable outcome. You want a legal professional with verifiable results. Check out our Results Page to see how we’ve helped our clients for more than a decade
- Online reviews: Other lawyers can claim their clients have had great experiences, but you should take time to search for reviews online. At Casper Mehlos Law Group, we’ve long had a 5-star rating on Google Reviews, because that’s the level of service we provide
- Trial attorneys: Too many lawyers accept quick plea deals so they can move on to the next case. At Casper Mehlos Law Group, our trial attorneys are always ready to defend clients in open court if doing so is in their best interest
Remember, just because someone is an experienced DUI lawyer does not mean they’re right for your case. That’s why each of the aforementioned considerations should be at the top of your mind. At Casper Mehlos Law Group, we truly believe we excel in each of these areas. With our experience, knowledge, professional relationships, and willingness to go to trial – you’ll have a dedicated legal advocate on your side that will stop at nothing to secure a favorable outcome.
Contact us today to discuss your case during a free consultation. We’ll help you understand your rights and how to move forward.
What Are the Best DUI Defense Strategies?
If you find yourself charged with drunk driving in Wisconsin, you may think that a conviction is imminent. This is a common belief when a person fails field sobriety tests or blood tests. However, any criminal defense attorney can tell you that such evidence does not guarantee a conviction. That’s why working with DUI lawyers is typically the best defense strategy for anyone charged with impaired driving. These legal professionals can help you build individualized defense arguments.
Such legal defenses could include:
- Improper traffic stop: Officers have to have reasonable suspicion to pull over a motor vehicle. If they don’t, then any evidence they collect (e.g., field sobriety tests, breathalyzer) could be thrown out
- Field sobriety challenges: Unfortunately, field sobriety tests are extremely subjective. Additionally, mistakes by the officer performing them can result in untrustworthy results
- Technical issues: Did you know a recent discovery – one that showed breathalyzer machines had malfunctioned – resulted in 27,000 DUI convictions being reexamined? Technical issues with these machines can cause unreliable results
- Rising blood alcohol: Your Madison, WI drunk driving lawyer may be able to argue that your blood alcohol was not at an illegal level during your initial traffic stop – but that it rose to illegal levels during a delay of testing
- Medical or dietary issues: Certain medical conditions and even foods can result in elevated BAC readings
- Violation of rights: Illegal searches and seizures, Miranda rights violations, and other constitutional issues can result in evidence being suppressed
- Sobriety testing environment: Poor road conditions, inclement weather, and other environmental issues could make it difficult for even a sober person to pass field sobriety tests
- Alternative explanations: Police often depend on signs of intoxication to support their contention that a person is impaired. However, it may be argued that other causes (e.g., fatigue, stress, etc.) were the actual culprit
While each of these potential defense strategies could be successful in an OWI case, none of them are “one size fits all.” For instance, just because a police officer doesn’t read a person their Miranda rights doesn’t mean they violated the Constitution. These rights are only necessary prior to questioning a suspect. Put simply, it would be unwise to simply choose one of these defenses at random. You need a Madison, WI drunk driving attorney who can review your case and take an individualized approach.
That’s exactly what you’ll find at Casper Mehlos Law Group. Contact us today for your free consultation.
Contact Our Drunk Driving Lawyers in Madison, Wisconsin Today
Whether you’re accused of driving under the influence of alcohol or a controlled substance, the consequences could not be more serious. Even if no one was hurt as a result of an alleged crime, the system still frequently comes down hard on those accused of drunk driving. This is also true for anyone who refuses field sobriety tests or a chemical test – and a refusal doesn’t guarantee that the state won’t be able to secure a conviction. The deck is stacked against you, but there is hope.
At Casper Mehlos Law Group, we’ve seen what can happen when people opt for public defenders or inexperienced counsel. Sadly, there are other lawyers who will rush to take a plea deal – failing to even consider what’s in their client’s best interests. These attorneys are more focused on getting cases off their desks quickly rather than doing right by their clients. At our law firm, we take a committed approach and strive to achieve the best possible outcome in every case.
Our drunk driving lawyers in Madison, Wisconsin are here to help. Contact us at (608) 820-8926 today to schedule your free initial consultation.