Milwaukee, Wisconsin Drunk Driving Defense Attorneys
Anyone arrested or charged with a Wisconsin DUI, needs an experienced Milwaukee drunk driving defense attorney to represent you. Therefore, our Milwaukee OWI lawyers at Gamino Law Offices, LLC have the experience you need. In particular, every one of our Wisconsin attorneys prepares to litigate every case zealously. For example, we bring motions to suppress illegal stops and seizures of suspected drunk drivers without probable cause. Also, we challenge the number of prior DUI convictions counted for purposes of sentencing. Similarly, we contest license suspensions for implied consent refusals and get you a hearing. Further, if a police officer tries to suspend your driver’s license for failure to submit alcohol testing by law enforcement, we challenge that.
Presenting a strong defense against OWI charges in Wisconsin
Our Milwaukee criminal DUI defense lawyers are available for jury trials anywhere Wisconsin. Therefore, if you allegedly drove drunk and face a criminal charge in Milwaukee, or anywhere in Wisconsin, our Milwaukee DUI defense attorneys are ready to help. Specifically, we defend clients accused of any Wisconsin drunk driving charge in Milwaukee, or anywhere in Wisconsin.
- Alcohol Treatment Court
- Challenging Blood Alcohol Tests
- Challenging Field Sobriety Testing
- Driving Under the Influence of Alcohol or an Intoxicant (DUI)
- Driving While Intoxicated (DWI)
- Drunk Driving Causing Injury
- First Offense Drunk Driving
- Felony Drunk Driving Charges
- Homicide by Intoxicated Use of a Motor Vehicle
- Litigating Prior Convictions
- Operating a Motor Vehicle While Intoxicated (OWI / DUI / DWI)
- Operating with a Prohibited Alcohol Concentration (PAC)
- Refusal Hearings: Failure to Submit to a Blood Draw or other Breath or Urine Alcohol Testing
- Underage Drinking
- Free Initial Consultations for Wisconsin DUI Charges
- Flat Fee Agreements and Payment Plans Available
- Hablamos Español – scroll down to change language
Elements of Drunk Driving
Under Wisconsin law, a person may be charged with operating under the influence of intoxicants, a controlled substance, or with a prohibited alcohol concentration if the person
- drove or operated a motor vehicle on a public highway; and
- was under the influence of an intoxicant or controlled substance at the time the person drove or operated the motor vehicle; or,
- had a prohibited alcohol concentration at the time the person drove or operated the motor vehicle.
Note, “a public highway” is any public street, alley, road, highway or thoroughfare of any kind, except waterways, in this state while open to public travel and use. Similarly, “under the influence of an intoxicant” means the person’s ability to drive is impaired by alcohol, controlled substances or other intoxicants. Finally, “prohibited alcohol concentration” varies depending on the number of prior drunk driving convictions, revocations or suspensions counted under Wisconsin Statute § 343.307(1). Specifically, here is how the prohibited alcohol concentration levels break down:
- An alcohol concentration of 0.08 or higher, if the person has 2 or fewer counted prior DUIs
- An alcohol concentration of 0.02 or higher, if the person is subject to an ignition interlock order or has 3 or more counted prior drunk driving offenses.
FAQ – Wisconsin Drunk Driving Laws
- How can I estimate my blood/breath alcohol concentration if I’ve been drinking?
- What is alcohol treatment court?
- How can I challenge the blood alcohol test results?
- If the police say I refused to submit to a blood draw or to breath or other alcohol testing will I lose my license?
- Can I challenge my field sobriety test results?
- What are the bases to challenge prior convictions from counting as prior drunk driving offenses?
- What is the penalty for drunk driving offenses?
Blood or Breath Alcohol Concentration (BAC) Estimations:
Drunk driving accidents and injuries are in the news daily. Therefore, lawmakers are constantly reviewing OWI regulations and penalties. Hence, there is endless debate about increasing drunk driving penalties in Wisconsin. Similarly, common discussions include making first DUI convictions criminal offenses and making misdemeanor OWI offenses into felonies. Notably, we advise you not to drink and drive. In fact, even authorized BACs as low as .05 or less can impair your ability to safely operate a vehicle. Again, any impairment based on alcohol can subject you to drunk driving consequences. However, if you misjudged your BAC and are arrested for drunk driving, we will provide a solid defense by a zealous lawyer anywere in Wisconsin.
Alcohol Treatment Court
Many drug courts exist in Wisconsin, and Waukesha County recently created its first alcohol treatment court. Importantly, the treatment courts emerged in response to the serious community problem of repeat operating while intoxicated offenses. Notably, the purpose of the alcohol treatment court is to break the cycle of drunk driving. Therefore, these courts seek to improve a defendant’s chance of a sober and healthy life. In summary, these courts contribute to a safe community while keeping participants under strict judicial and community supervision. You can also learn more about alcohol treatment courts and this initiative by clicking here.
How does alcohol treatment court work in Wisconsin?
Specifically, the program consists of 4 phases, with decreased intensity of services in the progressive phases. For instance, during each phase, participants must comply with routine court appearances, case management appointments, treatment requirements, and random AODA testing. In particular, treatment for participants consists of assessment and treatment planning, individual and/or group
counseling for substance use and other issues, regular attendance at community self-help support meetings, and assistance with education, life skills, parenting, financial and employment issues.
Non-compliance results in sanctions and therapeutic interventions. Sanctions may include the following: time in jail with or without Huber release, start current phase over or extend time spent in a current phase, phase demotion, increase frequency of court appearances and/or home/office visits, increase frequency of breath tests and/or urinalysis, increase intensity of treatment and/or re-enroll in treatment, increase self-help support meetings, community service hours, writing assignments, Electronic Monitoring System/SCRAM, or other individually tailored sanctions.
Compliance in the program results in positive reinforcement. Rewards may include: reduced time in jail, graduation to next phase, certificates of completion, encouragement, and praise from the team, case called early during court sessions, longer time between court appearances, reduced meetings with case manager, gift certificates (restaurants, grocery stores, etc.), reduced drivers license revocation time. Our Wisconsin drunk driving defense lawyers are familiar with alcohol treatment courts and seek the best options for your defense.
Challenge Blood Alcohol Testing, Results & Refusals
If your blood alcohol test result was higher than the legal limit, we can challenge it. Specifically, important litigation strategies in any drunk driving defense include:
- challenges to the validity of the blood alcohol concentration result
- challenging the reliability of the blood, breath or urine alcohol tests chosen by the investigating officer
- any requested or refused secondary tests by law enforcement.
Experienced Wisconsin OWI defense lawyers in Milwaukee have the tools and know the experts to effectively raise every issue in your DUI defense.
Similarly, if police allege you refused a blood, breath or urine test we can help! For example, we understand that police often perceive questions or fear about the test as a refusal. Therefore, it is important to request refusal hearings. An OWI refusal hearing can avoid an automatic driver’s license revocation. Otherwise, your license will be automatically revoked if the police say you violated Wisconsin’s implied consent law. Specifically, you violate Wisconsin’s implied consent law if you refuse a BAC test after a drunk driving arrest. Additionally, if you refuse to take a requested blood alcohol concentration test, any driver’s license revocation imposed may be counted as a prior conviction for OWI if you are ever convicted of drunk driving in another incident.
Challenging Field Sobriety Testing and Arrest:
Police use field sobriety testing to gather evidence to use against you in a trial. Therefore, if the State charges you with operating under the influence or DUI, expect to hear about those tests. However, in our opinion, the tests are designed to make you fail. With this in mind, our Milwaukee drunk driving lawyers have participated in law enforcement training for field sobriety tests where we have failed the tests stone-cold sober!
Specifically, if you participate in requested field sobriety testing, any mistake you make will be used to determine whether to arrest you and charge you with operating under the influence. Similarly, those tests will likely become evidence in a future trial used to try to prove you guilty. However, if you refuse to take the test, your refusal may be used as evidence, with other factors, to support a decision to arrest you and request a sample of your blood, urine or breath to obtain evidence of the alcohol concentration in your blood.
You need an aggressive drunk driving defense lawyer to hold the state to their burden to prove the police had a lawful basis to stop you and to request field sobriety or BAC testing. Therefore, if you were stopped unlawfully, or if the police improperly continued to detain or arrest you, we will protect your rights in court to stop the state from being able to use the results against you at trial.
Challenging Prior OWI Convictions
The number of prior DUI offenses determines the penalty for a drunk driving offense. Specifically, the calculation to determine the number of prior offenses is as follows: add any
- prior DUI or PAC convictions
- convictions for injury by intoxicated use of a vehicle
- convictions for homicide by intoxicated use of a vehicle
- court ordered driver’s license revocations for failing to provide a blood, breath or urine sample when requested
- convictions for such offenses in another jurisdiction.
Therefore, it is important to question the validity of any prior DWI type convictions. Specifically, your Wisconsin DUI lawyer should challenge your prior convictions and any implied consent driver’s license revocations. To that end, your drunk driving defense lawyer will affect the number of convictions counted as priors in a drunk driving prosecution.
How to challenge prior convictions
Our Milwaukee OWI defense attorneys litigate challenges to the number of prior offenses that will count against you.
We ask the judge to consider questions, such as:
- The validity of a prior conviction. For instance, does our client actually have a conviction for the prior offense(s)?
- Whether a prior conviction from another state involves conduct that is a crime in Wisconsin. For example, did an offense in another state involve prohibited conduct that is substantially similar to conduct that would be a violation of Wisconsin’s drunk driving laws?
- Whether the prior conviction was obtained fairly. For example, was our client’s right to the assistance of a defense lawyer violated in obtaining any of the prior convictions. Similarly, we question if the conviction resulted because a defense attorney wasn’t present or validly waived, or whether counsel was ineffective?
In summary, astute DUI lawyers review the records from every prior conviction, including requiring proof of the out of state conviction and the statute on which the conviction was based. Specifically, your OWI defense attorney should determine whether you were validly represented by counsel or knowingly and intelligently waived the right to a lawyer in any prior offenses being counted.
Possible Sentencing Consequences if Convicted of OWI in Wisconsin:
Wisconsin DWI offenses may be a misdemeanor drunk driving offense or a felony, depending on the number of prior convictions. To illustrate, view the current Wisconsin Department of Transportation chart outlining sentencing penalties for drunk driving here.
Alcohol and Drug Intervention and Treatment Resources in SE Wisconsin:
Alcohol/Drug Treatment in Kenosha:
AODA assessments – Hope Council
Treatment options and victim impact panels –
Alcohol & Other Drugs Council of Kenosha County
Treatment options –
The Watershed Addiction Treatment Programs
Alcohol/Drug Treatment in Jefferson County:
AODA Assessments –
Jefferson County Human Services Department
Treatment options and victim impact panels –
Fort Hospital
Treatment options –
Cornerstone Counseling
Alcohol/Drug Treatment in Milwaukee County:
Treatment options and victim impact panels –
Wisconsin Community Services
AODA Assessments – Impact
Treatment options –
Genesis Behavioral Services (414) 536-3530 or
(414) 344-3406
Shorehaven Behavioral Health
Aurora Psychiatric Hospital
Covanent Behavioral Health (414) 874-4560
Alcohol/Drug Treatment in Ozaukee County:
Treatment options and victim impact panels –
The Council
AODA Assessments – Ozaukee County Human Services
Treatment Options –
Comprehensive Counseling (262) 284-5789
Alcohol/Drug Treatment in Walworth County:
Treatment options and victim impact panels –
Walworth County DA’s Office
AODA Assessments – Walworth County DHHS
Treatment Options –
Credence Therapy Assn (262) 723-3424
Mt. Zion House (262) 249-8934
Alcohol/Drug Treatment in Washington County:
AODA Assessments, treatment options and victim impact panels –
The Council
Treatment Options –
Aro Behavioral Health (262) 338-9498
Affiliated Clinical Svc Inc (262) 338-2717
Genesis Behavioral Svs (262) 338-8611
Alcohol/Drug Treatment in Waukesha County:
AODA Assessments, treatment options and victim impact panels – Addiction Resource Council
Treatment Options –
ARO Counseling (262) 534-9416
La Casa de Esperanza
Rogers Memorial Hospital
The Lawrence Center (262) 928-4253
In conclusion, please contact us for more information about a Wisconsin DUI lawyer in Milwaukee. Additionally, we would be happy to discuss any other needs for a Milwaukee criminal defense lawyer you may have. Also, visit our informative criminal law resources in Wisconsin page.