Wisconsin drunk driving defense lawyers

counting prior convictions for drunk driving

When a person is arrested for drunk driving, the charge that the prosecuting attorney will seek to successfully convict on will depend on four critical factors.

1. Age

First, the prosecuting attorney will calculate the arrested person's age. If the arrested person is under the legal drinking age in Wisconsin (21 years), zero tolerance laws apply.

2. Prior Drunk Driving Convictions

Second, the prosecuting attorney will look to the person's previous criminal records to determine whether he or she has previously been convicted of an OWI (operating while intoxicated) in the state of Wisconsin. Unfortunately, prosecutors often try to count drunk driving convictions from other states, and unless you have a good drunk driving defense attorney to argue against counting out-of-state convictions, the chances are that the prosecutor will successfully bring charges that count prior convictions from other states. Consequently, if the prosecuting attorney obtains a conviction, the conviction will be for a higher level drunk driving offense, which means the resulting sentence will be for a much longer period in jail (or prison), much stiffer fines, and suspension or revocation of the person's driver's license.

A drunk driving conviction remains on a person's driving record indefinitely (yes, forever), unless it is a first offense and the person has had no subsequent drunk driving charges in the past five years.

3. Prior Refusals

Third, the prosecuting attorney will look to the person's previous criminal and driving records to determine whether he or she has previously refused to submit to a blood alcohol test. Refusals are counted just like a drunk driving conviction for purposes of determining a subsequent drunk driving charges; each refusal counts as one prior drunk driving conviction.

4. Driving Privileges

Fourth, the prosecuting attorney will look to the arrested person's driver's license records to determine which type of driving privilege was granted. If the arrested person possesses a commercial driver's license (CDL), then the legally permissible level of alcohol in that person's blood is lower (.04) than if he or she had a regular driver's license (.08).

Defending People Accused Of Drunk Driving

The criminal & DUI defense attorneys at Birdsall Law defend people against any type of criminal or drunk driving offense including OWI charges - operating while intoxicated - BAC charges - violating the state's blood alcohol content level laws - and prior convictions, whether in this or any other state.

Birdsall Law Offices represents people across the state of Wisconsin and routinely appear in the counties (and cities) listed below.

• *Milwaukee County (Milwaukee, Wisconsin)
• *Brown County (Green Bay, Wisconsin)
• Door County (Sturgeon Bay, Wisconsin)
• Fond du Lac County (Fond du Lac, Wisconsin)
• Kenosha County (Kenosha, Wisconsin)
• Manitowoc County (Manitowoc, Wisconsin)
• Outagamie County (Appleton, Wisconsin)
• Racine County (Racine, Wisconsin)
• Sheboygan County (Sheboygan, Wisconsin)
• Winnebago County (Oshkosh, Wisconsin)

*Birdsall Law Offices, S.C. has offices in Milwaukee, Wisconsin and Green Bay, Wisconsin. Call 1-866-493-0726 and you will connected to the attorney that can help you.

Free Criminal Defense Initial Consultation

Regardless of the crime, the charges, or the time of day, the attorneys at Birdsall Law Offices stand ready to defend you. If you are facing criminal prosecution or drunk driving charges, please call 1-866-493-0726, e-mail - - or send your case information to the attorneys at Birdsall Law Office for a free initial consultation.