WISCONSIN DUI LAWYERS

The State must prove the following 3 elements:

1. That you operated a motor vehicle
2. On a public highway
3. That you were under the influence of an intoxicant at the time of driving such that it impaired your judgment and ability to drive with a steady hand. You should not be charged with DUI without breathalyzer or blood test.

Can you refuse a field sobriety test?  Please watch the corresponding video on this page, created by our DUI law firm in Milwaukee.

First offense drunk driving charge may not carry jail penalties - unless there is a resulting injury or a child under 16 years old is in the vehicle, in which case the first offense DUI conviction includes a mandatory jail penalty.

Jail time for second DUI is mandatory, with misdemeanors eventually evolving into felonies. Our DUI firm in Milwaukee and Sheboygan specialize in drunk driving defense.

Fourth and subsequent drunk driving charges are all felonies. If pulled over for operating while intoxicated, depending on how the arrest was made and whether or not the arresting officer followed proper procedure, our skilled Milwaukee DUI law firm may be able to keep you from serving time. If proper procedure was not followed, the possibility of excluding evidence is increased.

Birdsall Obear & Associates is a premier Sheboygan and Milwaukee OWI law firm.

Anytime you have been accused of OWI (essentially failing either a breath, blood (having a blood alcohol content of .08 or above) or field sobriety test) you will be given several documents that will help us start forming your defense:

1. Informing the Accused (Implied Consent Law): This document tells you that you are required by law to give a sample of your blood, breath, or urine for the purpose of measuring your level of intoxication. In order to take this sample, the officers must read the Informing the Accused form to you before they act.
2. Notice of Intent to Suspend Driving Privileges: As a result of your arrest, the State will move to suspend your driver’s license “administratively” (as opposed to “judicially”) while your case is pending. As a result of this move by the state, you are entitled to an Administrative Suspension Review Hearing (ASRH) within 30 days of the date you were notified that your license would be suspended. It is important to remember that you must request this hearing in writing within 10 days of your arrest. If you are ultimately suspended, you may still be able to obtain an occupational license during this time (unless it is your 2nd OWI within 5 years). Any suspension time while your case is pending will be credited towards any future suspension or revocation that may result.
3. Intoximeter read-out (from breathalyzer): The result of this test will go a long way in determining how to defend your case. If you are close to the “legal limit,” you may want to focus on when and how the test was conducted, whether you were in the alcohol absorptive or discharge phase at the time of driving, and whether there may have been defects in the machine. If you tested high (.15 or above), you will want to focus on legal arguments that would exclude the test, or other damaging evidence altogether (illegal searches, non-Mirandized statements, etc.) If the results of the test do not correspond to what is observed on the squad video, you may have what is termed a ‘disconnect defense.’
4. If you had blood drawn, then you will likely be sent the results (with a citation for operating with a “prohibited alcohol concentration”) in the mail at a later date.

After the ASRH, you will have your initial appearance where you will enter a plea of not guilty. The matter will be set for a pretrial hearing where we will file motions challenging the stop, arrest, and admissibility of the chemical sample, when those motions are appropriate.

If these motions fail, you must either enter a plea to the charge or take the case to trial. At trial, our Wisconsin OWI attorneys will challenge the validity of the field sobriety tests, chemical results, and the methodology used in obtaining those chemical results.

It's imperative that you secure the best Wisconsin DUI lawyer by contacting Birdsall Obear & Associates. Our team has years of experience as DUI lawyers in Milwaukee, WI as well as our DUI lawyers in Sheboygan . Don't hesitate to contact our Sheboygan and Milwaukee DUI lawyers for your case.