A drunk or impaired driving charge, even a first offense, is a serious legal matter with consequences that can affect your license, your record, and your daily life. Misunderstandings gained from television, a friend’s story from twenty years ago, a quick Google search, and wishful thinking can steer you wrong.
Criminal defense lawyers at Casper Mehlos Law Group have been defending operating while intoxicated (OWI) cases in Dane County and across South Central Wisconsin long enough to know which misconceptions cause the most trouble. We’d rather clear them up now than watch a client find out the hard way at a hearing in Dane County Circuit Court.
You Do Not Have to Be Pulled Over While Driving
Many people assume that OWI cases only start with red and blue lights in the rearview mirror on the Beltline or out on the interstate. However, officers in Wisconsin can approach a vehicle that is parked, idling in a parking lot, or stopped along the road. Being parked does not automatically protect someone, because officers often look at where the person was sitting, where the keys were located, and whether the vehicle could have been driven. If signs of impairment are apparent, an investigation can begin from that point, even though no one ever saw the car in motion.
Your License Can Be Affected Before Your Case Ever Reaches a Judge
Many people assume they keep their driving license until a judge rules on the OWI charge. In Wisconsin, that is not how it works.
The Department of Transportation can suspend a driver’s license separately from any action from the OWI court case. These suspensions are triggered by certain chemical test results, meaning that the suspension can begin well before anyone sets foot in a courtroom for the OWI charge. Also, it does not require an OWI conviction.
There is usually only a short window, often just a matter of days, to request a hearing and challenge the suspension before it is automatically imposed. Don’t assume the DMV will pause until the criminal case is finished.
A Failed Breathalyzer Test Is Not the Only Way to Get Charged
Wisconsin law generally defines impairment as being affected by alcohol or another intoxicant. It’s not always based on a number on the breathalyzer. That means an officer’s observations, combined with test results, can support a charge even in situations someone might consider borderline.
Do Not Face an OWI or DUI Charge Alone
If you or someone you care about is dealing with an OWI arrest anywhere in Dane County or the surrounding area, contact us right away. What matters most now is getting accurate guidance quickly, before deadlines pass and before assumptions cost you options you did not realize you had.
We are here to listen, answer your questions patiently, and help you understand your options and rights. Call to talk to an experienced lawyer.
