Protecting Your License After A Drunk Driving Charge
Acting Quickly When It Counts
If you have been arrested for drunk driving in Wisconsin, call a lawyer right away. Few people are aware that their driver’s license can be administratively suspended by the Department of Transportation (DOT) before they are even charged with OWI (operating while intoxicated). Furthermore, you have only 10 days to request a hearing to challenge this automatic license suspension.
At the Madison law firm of Mandell & Ginsberg Attorneys at Law, Bill Ginsberg has defended hundreds of people charged with drunk driving and other criminal offenses throughout central Wisconsin. Bill will represent you in your hearing with the Wisconsin DOT as well against the criminal OWI charge.
Preventing Harsh Penalties
In Wisconsin, drunk driving is known as OWI (operating while intoxicated). However, many people still refer to the charge as DWI (driving while intoxicated) or DUI (driving under the influence). By any set of initials, it is a very serious charge. Those charged with OWI can face:
- Driver’s license suspension
- Heavy fines
- Possible jail time
- Higher insurance premiums
- Required IID (ignition interlock device)
Given the hardship of not having a driver’s license, some people choose to drive illegally. If you are caught, you will face even more serious penalties for traffic violations such as operating while suspended (OWS) or operating after revocation (OAR).
Defenses In OWI/DUI Cases
Upon taking your OWI/DUI case, attorney Bill Ginsberg will review the evidence against you, including the police reports, the squad car video and the results of any field sobriety and breathalyzer tests to determine whether your rights were protected and if police had probable cause to stop you.
If you have a case that can be won, he will aggressively seek to dismiss the charges, including defending your rights in a jury trial. If the best result can be obtained through plea bargaining, we will be proactive in negotiating with prosecutors.
Frequently Asked Questions About Wisconsin OWI Cases
Below are answers to some of the most common questions clients ask about OWI charges in Wisconsin:
What are the penalties for a first-offense OWI in Wisconsin?
A first-offense OWI in Wisconsin is generally treated as a civil violation rather than a criminal offense, but it still carries significant consequences. These typically include:
- A fine ranging from $150 to $300
- Driver’s license revocation for six to nine months
- Mandatory alcohol assessment
- Potential IID requirement if your BAC was .15% or higher
- An OWI surcharge of approximately $435
However, a first offense becomes a criminal misdemeanor if you had a minor under 16 in the vehicle at the time of arrest.
Do you lose your license immediately after an OWI in Wisconsin?
Yes, your driving privileges can be affected immediately following an OWI arrest through administrative suspension. If you either failed a chemical test (showing a BAC of .08% or higher) or refused to take one, the officer will issue a notice of intent to suspend your license.
For test failures, the administrative suspension lasts for six months; for test refusals, it can last for one year. You have only 10 days from the date of notice to request a hearing to challenge this suspension. This is why contacting an attorney immediately after arrest is crucial.
How long does an OWI stay on your record in Wisconsin?
An OWI conviction remains on your Wisconsin driving record for life. However, to count prior offenses and enhance penalties for subsequent OWIs, Wisconsin uses a 10-year “look-back” period. This means if you are arrested for another OWI more than 10 years after a previous conviction, the new offense may be treated as a first offense for penalty purposes.
The conviction itself remains permanently on your record regardless of the time passed and will still be visible to employers, insurance companies and others who may access your driving record.
How do I get my OWI reduced in Wisconsin?
There are several potential strategies for reducing OWI charges in Wisconsin:
- Challenging the legality of the traffic stop or arrest
- Questioning the accuracy of chemical tests or field sobriety tests
- Negotiating with prosecutors for a reduction to a lesser charge
- Participating in treatment programs that may influence the prosecutor or judge
Attorney Bill Ginsberg examines every aspect of your case to identify potential weaknesses in the prosecution’s case to pursue the best possible outcome.
Protect Your Freedom Today
While every case is different and results are never guaranteed, Bill will vigorously defend your rights and seek the best resolution to your case. For more information, please email the firm or call 608-620-7640 as soon as possible. Take advantage of the free initial consultation to discuss your case.