Wisconsin Felony DUI Lawyers in Milwaukee

Wisconsin Felony Drunk Driving Lawyers - Milwaukee Criminal Defense Attorney

Wisconsin has the highest drunk driving rate in the country. As a result, a large part of our practice at Gamino Law Offices, LLC is dedicated to DUI defense in Milwaukee and Wisconsin. Therefore, our Milwaukee DUI lawyers are well-vetted and experienced Wisconsin felony drunk driving OWI attorneys.  

Above all, if you’ve been arrested or charged with a felony drunk driving offense anywhere in Wisconsin, you need an aggressive defense team. However, our lawyers have represented clients for decades of combined experience in felony drunk driving DWI matters throughout the Milwaukee area and around Wisconsin, including 4th offenses within five years, OWI 5th and subsequent offenses, DUI causing injury and vehicular homicide. Therefore, we are prepared to litigate all possible defenses to win your case at every stage of the proceedings and to help you find AODA or other treatment options if you need them. Specifically, contact our respected Milwaukee DUI felony defense lawyers to learn more about your options.

  • Free Initial Consultations In Wisconsin Felony OWI Cases
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Experienced Defense to Felony DUI Charges in Milwaukee and Wisconsin: 4th Offense (w/in 5 years), OWI 5th or Subsequent Offenses, DUI Causing Injury & Vehicular Homicide

In particular, we represent clients facing felony drunk driving cases anywhere in Milwaukee or anywhere in Wisconsin, including:

  • All Felony Drunk Driving Offenses (OWI / DUI/ DWI & Prohibited Alcohol Concentration / PAC)
    • 3rd or subsequent OWI offenses where there is a passenger under at age 16 in the motor vehicle at the time of the violation.​ Wis. Statutes 346.63 (1) or (2) & 346.65(2)(f)2.
    • 4th DWI offenses within 5 years of a prior offense. Wis. Stats. 346.63 (1) or (2) & 346.65(2)(am)4.
    • 5th or 6th Offense DUI.  Wis. Statutes 346.63 (1) or (2) & 346.65(2)(am)5.
    • 7th, 8th, or 9th Offenses for drunk driving.  Wis. Statutes 346.63 (1) or (2) & 346.65(2)(am)6.
    • 10 or subsequent OWI offenses.  Wis. Statutes 346.63 (1) or (2) and 346.65(2)(am)7.
    • Drunk Driving Causing Injury.  Wis. Statutes 346.63(2)(a) & 940.25(1).
    • Homicide by Intoxicated Use of a Motor Vehicle. Wis Statutes 940.09(1).

How our Milwaukee Criminal Defense Attorney can protect you:

Specifically, we litigate all available pretrial motions & defenses to improve your case:

  • Motions to suppress evidence based on warrantless “stops” of your vehicle; improper field sobriety & blood, breath, or urine blood alcohol concentration testing or unreliable results.
  • Challenges to prior convictions to reduce the number of offenses counted towards sentencing.
  • Challenges to implied consent violations for refusing to submit to a requested BAC test.

FAQ: Wisconsin Felony Drunk Driving Offenses

  • Can alcohol treatment court help me?
  • Does every prior drunk driving conviction count against me to increase my penalty?
  • What is my blood alcohol concentration (BAC)?
  • What if the blood alcohol test results aren’t accurate?
  • Will I lose my driver’s license if the police say I refused a blood alcohol test?
  • Will the field sobriety test be used against me?
  • What sentence am I likely to get in a felony drunk driving offense?
Alcohol Treatment Court

Specifically, alcohol treatment court is available after conviction for a third or fourth offense of OWI in Waukesha County.  For more information on this groundbreaking initiative, see our information on misdemeanor drunk driving. You can also learn more about alcohol treatment courts in Wisconsin here.

Blood Alcohol Concentration Determinations, Testing & Validity

Importantly, the level of alcohol concentration in your blood when stopped or arrested for drunk driving affects many things. For example, it can affect the prosecutor’s decision whether to pursue a criminal DUI charge. Additionally, it can affect the penalties for DWI you are convicted. Therefore, often the best defense is to challenge the validity of the blood alcohol concentration results.  As a result, our Milwaukee OWI attorneys know the experts who can verify whether blood, breath or urine testing procedures were proper and challenge invalid BAC results.

Implied Consent Violations – Refusal to Submit to BAC Testing

Indeed, we can help if you have been arrested for drunk driving and are alleged to have refused a blood, breath or urine test! Specifically, the police often report questions or fear about the tests as refusals. Therefore, it is important to have a lawyer promptly request refusal a hearing. To illustrate, promptly requesting a refusal hearing can avoid an automatic driver’s license revocation for a violation of Wisconsin’s implied consent law if you are alleged to have refused to take a blood alcohol concentration test. Further, alleged implied consent violations should be challenged because any driver’s license revocation that is imposed as a result of the refusal may be counted as a prior conviction for OWI. In particular, a prior revocation for a Wisconsin implied consent violation will hurt you if you are ever convicted of drunk driving related to another incident in the future

Challenges to Field Sobriety Testing and Basis to Arrest or Request BAC Testing:

Be aware that police use field sobriety testing as a way to gather evidence to use against you in a trial if you are charged with drunk driving.   However, we believe the tests are designed to make you fail. Specifically, ​our Wisconsin DUI lawyers participated in law enforcement training on field sobriety tests where we failed the field sobriety tests while stone cold sober. In contrast, if you cooperate with field sobriety testing, any mistake you make will be noted. Specifically, police use every mistake on a field sobriety test to determine whether to arrest you and charge you with operating under the influence. Further, the prosecutor may use your field sobriety performance as evidence against you in a future trial.

In conclusion, should you refuse to cooperate with field sobriety tests? Of course, if you refuse to perform field sobriety tests, your lack of cooperation may also be considered. Specifically, the police can consider your refusal to decide whether to arrest you and request a BAC sample of your blood, breath or urine.  Therefore, our aggressive Milwaukee OWI lawyers make prosecutors prove the police acted lawfully throughout your encounter with them. For instance, the State must show the police acted lawfully when they stopped you and requested field sobriety or BAC testing. However, if the police acted illegally, we will protect you. For example, if the police illegally stopped you, improperly kept you detained, or arrested you, we will stand up for your rights in court. In short, we seek suppression of all results of illegal police activity to stop prosecutors from using illegally obtained evidence.

Wisconsin Drunk Driving Penalties:

The incarceration and penalty structure for DUI convictions in Wisconsin can be found 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, contact us for more information about our Wisconsin felony drunk driving lawyers, or specifically a DUI attorney in Milwaukee. Also, visit our information page with Wisconsin criminal law resources.