Milwaukee DUI Lawyer: Your Guide to OWI Defense

Facing a DUI or OWI charge in Milwaukee can be a daunting experience. The repercussions of a conviction extend beyond immediate legal penalties, impacting your finances, driving privileges, and even your personal and professional reputation. If you’ve been arrested for Operating While Intoxicated (OWI) in Milwaukee, securing experienced legal representation is paramount. A skilled Dui Lawyer Milwaukee from a reputable firm like Hart Powell, S.C. can be your strongest advocate, navigating the complexities of Wisconsin DUI law and fighting for the best possible outcome in your case.

DUIOWI Defense Lawyer in Milwaukee

Wisconsin law defines drunk driving, also known as Operating While Intoxicated (OWI), as driving with a blood alcohol content (BAC) of .08% or higher. However, OWI charges can also arise from driving under the influence of any intoxicant, including legal prescription drugs, illegal substances, or even over-the-counter medications that impair your ability to operate a vehicle safely. The consequences of an OWI conviction in Wisconsin are severe, making it crucial to understand your rights and options.

Why Choose a Milwaukee OWI Attorney at Hart Powell, S.C.?

The stakes are incredibly high when facing DUI/OWI charges. Your ability to maintain employment, support your family, and even your freedom can be jeopardized. A DUI/OWI conviction can result in:

Jail Time: Even for a first offense, jail time is a possibility, and it escalates with subsequent offenses.
Substantial Fines: Fines for DUI/OWI in Wisconsin range from hundreds to thousands of dollars, increasing with each conviction.
License Suspension: Losing your driver’s license can significantly disrupt your life, affecting your commute, job, and personal obligations.
Increased Insurance Rates: A DUI/OWI conviction will lead to significantly higher insurance premiums, impacting your finances for years to come.
Reputational Damage: A criminal record, particularly for DUI/OWI, can negatively impact your reputation, affecting future employment and personal opportunities.

Given these serious consequences, relying on anything less than top-tier legal representation is a gamble you cannot afford to take. While a public defender might seem like an option, their heavy caseloads often prevent them from providing the dedicated attention your case deserves. At Hart Powell, S.C., our Milwaukee OWI lawyers bring decades of collective experience to the table, specifically focusing on DUI/OWI defense. We are committed to providing each client with personalized attention and aggressive representation.

Our experienced DUI lawyer Milwaukee team will meticulously examine every detail of your arrest, from the initial traffic stop to the breathalyzer or blood test procedures. We leverage our in-depth understanding of Wisconsin DUI laws and legal defenses to build a robust strategy tailored to your specific situation. We represent clients facing a range of charges, including:

Operating While Intoxicated (OWI)
Driving Under the Influence (DUI)
Transportation of Open Intoxicants
Leaving the Scene of an Accident
Driving with a Suspended or Revoked License

Remember, anything you say to law enforcement can be used against you. It is critical to contact a Milwaukee DUI attorney immediately after an arrest, before making any statements to the police. We can protect your rights and guide you through this challenging process. Schedule a confidential consultation today by visiting our website or calling us at (414) 271-9595.

Understanding Wisconsin’s Drunk Driving Laws: What Constitutes OWI?

To effectively defend against DUI/OWI charges, it’s essential to understand the legal framework in Wisconsin. Wisconsin law casts a wide net when defining intoxication, encompassing more than just exceeding the .08% BAC limit. You can be charged with OWI in Wisconsin under several circumstances:

Driving with a BAC of 0.08% or Greater: This is the most commonly understood definition of drunk driving.
Driving Under the Influence of an Intoxicant: This includes alcohol, prescription medications (even legal ones), illegal drugs, controlled substances, and other chemical substances that impair your ability to drive.
Operating a Vehicle with a Detectable Amount of a Restricted Substance: Having any detectable amount of certain controlled substances in your bloodstream while operating a vehicle can lead to OWI charges, regardless of impairment.
Driving Under the Influence of Any Drug: This broad category covers any drug, legal or illegal, that impairs your driving ability.

This expansive definition highlights the importance of consulting with a knowledgeable DUI lawyer Milwaukee. Even if you have a valid prescription or believe you were not significantly impaired, you could still face serious OWI charges. Our attorneys at Hart Powell, S.C. can analyze the specifics of your case and advise you on the best course of action.

Consequences of a DUI/OWI Conviction in Milwaukee

The penalties for DUI/OWI in Wisconsin become progressively harsher with each subsequent offense. Even a first-time offense carries significant consequences. Here are some potential penalties for a first-offense OWI in Wisconsin:

Fines: Ranging from $150 to $300.
Surcharges: A mandatory $435 surcharge.
License Suspension: Suspension of your driver’s license for 3 to 6 months.
Alcohol and Drug Assessment: Mandatory assessment to evaluate your alcohol and drug use patterns.
Ignition Interlock Device: May be required depending on your BAC level at the time of arrest.

The court-mandated alcohol and drug assessment is a critical component of OWI sentencing. This assessment, conducted by a trained counselor, evaluates your drinking and drug habits to determine if there is a pattern of substance abuse. Depending on the assessment results, you may be required to participate in additional educational programs or counseling.

While first-offense penalties are designed with a focus on education, subsequent OWI convictions trigger much more severe punishments. Fines, license suspension periods, and jail time dramatically increase with each subsequent offense. This underscores the critical need to fight your initial DUI/OWI charge aggressively with the help of an experienced Milwaukee DUI lawyer to avoid escalating penalties in the future.

Defending Against DUI/OWI Charges in Milwaukee

A skilled Milwaukee DUI lawyer will explore all possible defenses to minimize the impact of OWI charges. At Hart Powell, S.C., our defense attorneys meticulously review the details of your case to identify weaknesses in the prosecution’s evidence and build a compelling defense strategy. In many DUI/OWI cases, the initial arrest may be based on insufficient evidence. For example, observations of slurred speech or bloodshot eyes, often cited as reasons for suspicion, can be attributed to factors like fatigue or allergies and do not automatically indicate intoxication. We will challenge the prosecution to prove that the officer had legitimate probable cause to initiate the traffic stop in the first place. If the initial stop was unlawful, any evidence gathered subsequently may be inadmissible in court.

Challenging Breathalyzer Evidence with a DUI Lawyer Milwaukee

Breathalyzer tests are frequently used in DUI/OWI cases, and their results are often presented as irrefutable evidence of intoxication. However, breathalyzers are not infallible, and a skilled DUI lawyer Milwaukee can challenge the accuracy and admissibility of breathalyzer results. Several factors can compromise the reliability of breathalyzer tests:

Lack of Proper Calibration: Breathalyzer machines require regular calibration to ensure accurate readings. If the machine was not properly calibrated, the results may be questionable.
Improper Test Administration: Law enforcement officers must follow specific procedures when administering breathalyzer tests. Errors in administration can lead to inaccurate results.
Interfering Substances: Certain chemicals or substances in the mouth or breath can interfere with breathalyzer readings, leading to falsely elevated BAC levels.
Malfunctioning Equipment: Damaged or poorly maintained breathalyzer machines can produce unreliable results.

Furthermore, the timing of the breathalyzer test relative to the time of driving can be a critical defense point. Alcohol absorption into the bloodstream takes time. If a significant time gap exists between the traffic stop and the breathalyzer test, your BAC level at the time of driving may have been lower than the breathalyzer reading suggests. This “rising BAC” defense can be particularly effective in challenging breathalyzer evidence.

If you believe your breathalyzer results were inaccurate for any reason, it is crucial to consult with a DUI lawyer Milwaukee immediately. We will investigate the breathalyzer procedures, machine maintenance records, and other relevant factors to challenge the validity of the breathalyzer evidence and protect your rights.

What to Do When Pulled Over for Suspected DUI/OWI in Milwaukee: Your Rights

Knowing how to respond when pulled over for suspected DUI/OWI can significantly impact your case. Here are crucial steps to remember:

Pull Over Safely: Signal, and pull over to a safe location away from traffic.
Hands on the Steering Wheel: Place your hands in plain sight on the steering wheel to avoid escalating the situation.
Communicate Actions: Inform the officer before reaching for your license, registration, or insurance to avoid misinterpretations.
Be Polite and Respectful: Maintain a polite demeanor, as your behavior is noted and can be considered by the court.
Answer Directly, No Extra Information: Answer the officer’s questions truthfully but avoid volunteering additional information that could be self-incriminating.
Decline Field Sobriety Tests: You are not legally obligated to perform field sobriety tests, which are subjective and often designed to be difficult, even for sober individuals. Politely decline these tests.
Decline Handheld Breathalyzer (Preliminary Breath Test – PBT): You are also not legally required to take a handheld breathalyzer test at the roadside. These tests are less accurate than evidentiary breathalyzers at the police station. It is best to refuse this test.
Invoke Your Right to Remain Silent and Right to Counsel: Clearly state that you wish to remain silent and want to speak to an attorney before answering any further questions. Repeat this statement if necessary.
Document Everything After Release: As soon as possible after release, write down everything you remember about the traffic stop and arrest while the details are fresh in your mind. This information will be valuable to your attorney.
Contact a DUI Lawyer Immediately: Time is of the essence in DUI/OWI cases. Contact a DUI lawyer Milwaukee as soon as possible to protect your rights and begin building your defense.

Hart Powell, S.C. is ready to assist you immediately. We can provide the strong legal representation you need to navigate DUI/OWI charges and fight for the most favorable outcome.

Contact a Milwaukee OWI Attorney Today

The DUI lawyers Milwaukee at Hart Powell, S.C. understand the complexities of Wisconsin DUI/OWI law and are dedicated to protecting your rights. We will thoroughly investigate your case, challenge any weaknesses in the prosecution’s evidence, and build a strategic defense tailored to your specific circumstances. Our experienced attorneys are skilled at identifying law enforcement errors, such as improper breathalyzer maintenance or unlawful traffic stops, which can be crucial to a successful defense.

Facing DUI/OWI charges is undoubtedly stressful and concerning. However, remember that you have legal rights, and the outcome of your case will significantly impact your future. Hiring the best possible Milwaukee DUI attorney is a critical investment in your defense. Contact Hart Powell, S.C. today for a free, confidential consultation at (414) 271-9595 or through our website contact form to learn how we can help you navigate these charges and protect your future.